Afouzar v First Centrewest Buses Ltd
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
- HER HONOUR JUDGE COE QC
Areas of Law
- Tort Law
- Civil Procedure
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
AI Generated Summary
The case primarily addressed the issue of liability in a road traffic accident involving a bus and a pedestrian. The court found the bus driver not negligent, emphasizing that the driver could not have reasonably avoided the collision given the circumstances. The pedestrian was solely responsible for the accident.
Judgment
Her Honour Judge Coe QC :
Facts and Background
This is a claim for damages for personal injury arising out of a road traffic accident which occurred on 9th February 2012 at the junction of High Street Acton, and Steyne Road (Horn Lane), London. On 14.1.14 (p.14 in the bundle) it was ordered that liability be tried in advance of causation and quantum. In accordance with that Order I have heard evidence in relation to, and this judgment is in respect of, liability only.
The basic circumstances can be stated quite shortly. Much of the detail is agreed. To start with the junction itself: the High Street (the A4020) runs at this point pretty much along the west-east axis of the compass and Steyne Road (the A4000) (which becomes Horn Lane fairly soon after this junction and is referred to as Horn Lane on occasions in the evidence) runs into the junction from pretty much the north. Beyond this junction to the west, the High Street becomes known as the Uxbridge Road.
In advance of the junction there is one lane east bound on the High Street, but in the approach to the junction this becomes two lanes for traffic travelling east on the High Street and there are two lanes for traffic travelling west. There are 4 spurs to Steyne Road at the junction: the first (from east to west) is a slip lane for traffic coming from the east on the High Street to travel north; the second is for traffic from the west turning right to travel north; the third is for traffic travelling south wishing to turn to travel west on the high street; and the fourth is for traffic travelling south wishing to turn east. At each spur the traffic is controlled by traffic lights as is the traffic travelling in both directions on the high street. As depicted in the map on page 135 in the bundle there are pedestrian islands in the centre of the High Street and two triangular and one longer pedestrian island in the mouth of Steyne Road between each of these spurs.
At page 67 in the bundle is a statement from Mr Leonard Brown dated 4th March 2014. That statement is agreed. Mr Brown is a principal engineer employed by Transport for London. I shall refer to his evidence below, but beginning at page 74 of his statement he sets out the operational details of each of the phases of the traffic lights at this junction.
The Defendant’s bus driver Mohamed Ahmed was driving a red double-decker bus (SN09 CDX) on the E3 route travelling from the Greenford Depot to Edensor Road in Chiswick. The approa