The Claimant was an RSPCA inspector and in June 2009 she was struck by a car as she was walking in to a vet’s surgery from their car park.
She was hit by D1.
D1, D2, and D3 had all been driving in the same direction on the A13.
D1 had been turning left in to the car park, when it was hit in the rear by D2.
Before or after the first collision, D3 went into the end of D2.
The matter to be decided was which one of the Defendants was to blame for the accident to the Claimant.
Held - D2 was 100% liable. D2 had noticed the turn of D1 and subsequently struck D1. D3 had noticed D2’s brake and had to try to brake but his foot slipped off the brake pedal and hit D2. The impact from D3 to D2 had not caused the collision between D1 and the Claimant.
It was probable that during the physical displacement stage from the first collision between D2 and D1, D1 had put her foot on the accelerator. However there was no blame on D1 for what has been an involuntary act out of her control, where at the same time she had lost control of the steering wheel.