Insurers blame 13 year old for car accident
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Miss Probert was walking along a dark country lane in the same direction of driver Mr Paul Moore when she was struck by his car.
There was no footpath and it was found that she was wearing dark clothing and probably listening to music through her earphones. Sadly she suffered multiple injuries including a traumatic brain injury. The High Court decided that Mr Moore was driving too fast for the road conditions and that he should have been aware of other road users and reduced his speed.
The court found that he had been moving over to the left side of his lane to avoid oncoming vehicles meant that he was not focused on the road ahead and therefore because of that he had no possibility of avoiding Miss Probert. Notwithstanding the unique circumstances of this terrible incident, the High Court found that age was a barrier to Miss Probert being held at all responsible for her own actions. In this test case the Court of Appeal will be tasked to determine at what age a child can be held responsible for injuries they sustain in a road traffic accident.
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