Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition
Accident definition

What does Accident mean? In legal practice, an accident describes a sudden, unintended and unexpected event that causes personal injury, death or property damage. The term is descriptive and used across personal injury (negligence, employers’ liability, public liability), insurance and health and safety law; its precise scope depends on context and any applicable statute or policy wording. In road traffic cases, legislation imposes duties following an accident (for Great Britain, see Road Traffic Act 1988, s.170; Northern Ireland has equivalent provisions; Ireland’s Road Traffic Acts contain similar duties). In workplace health and safety, reporting regimes refer to accidents (for example, RIDDOR in Great Britain and...

Read More Right Arrow

Bus Accident Litigation: Duty of Care, Highway Code/DVSA Standards, Foreseeability, Contributory Negligence and Evidence in Pedestrian, Cyclist, Motorcyclist and Passenger Cases

Practice notes
imgtext

The nature of the duty owed by bus drivers

A bus driver owes the same duty to fellow road users, including passengers, as any other driver: to drive with the reasonable care and skill of a competent motorist. That competence must be evaluated in context, particularly for those operating buses, by reference to:

  • the Highway Code
  • the Driver and Vehicle Standards Agency's Official DVSA Guide to Driving Buses and Coaches

Only with such a measured assessment of the duty of care can there be a meaningful decision on whether that duty has been breached. The County Court case of Kevin Graham v Go North East Limited (20 November 2017) (not reported by LexisNexis®) illustrates the delicate balance when applying this duty. A defendant bus driver collided with the claimant's vehicle at a crossroads controlled by traffic lights. He proceeded through a changing signal because he believed that not doing so, and braking, would endanger his passengers. The judge recognised the 'split...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 21/05/2026

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow