Expert Witness

Expert Witness

Case Studies

Expert Evidence - Road traffic accident

Author : Geoff Fairfoull

Summary

ADAS were instructed by the defence to provide expert evidence on behalf of the claimant, to advise on the technical issues of the claim and defence. The case went to trial and after a two-day hearing in the County Court, the Court found in favour of the claimant and awarded her damages and costs.

Introduction

The claimant was riding her horse on the public highway at around midday in November. It was alleged that a car driven by the defendant approached the claimant from behind at speed causing the horse to become startled, panic and bolt. In the course of bolting the horse collided with a lamppost, knocking the claimant off, causing her to suffer personal injury.

The basis of the claim was that the defendant drove too quickly when in the vicinity of the horse. The defendant disputed that she was doing an excessive speed in the circumstances and alleges that she slowed appropriately. The defendant also called into question the appropriateness of the claimant riding in the prevailing conditions (raining & wet road conditions, with poor visibility) and criticised the claimant for riding with a lack of reflective clothing.

The challenge to ADAS

ADAS were required to provide expert evidence on behalf of the claimant, to advise on the technical issues that arose in the case in relation to establishing primary liability and to address the issue of contributory negligence.

At the same time the expert has an overriding duty to assist the Court and this duty overrides any obligations to the instructing party.

Following the exchange of experts reports, the Court ordered a meeting of the experts to prepare a joint report setting out the areas of agreement and areas in issue setting out the reasons for this.

As the claimants expert ADAS was the lead expert in preparing the joint report. At trial the experts were commended by the Judge for their approach in assisting the Court.

Skills used/Overview

In addition to the practical skills, experience and knowledge of horses ADAS were able to demonstrate a knowledge and understanding of the legal system and their obligations under the Civil Procedure Rules. Thereby ensuring that the instructing solicitor's requirements were understood and met in full, in a timely and efficient manner.

Conclusions

The claimant was successful in her claim for damages in the County Court and no contributory negligence was found. ADAS were commended by the Judge for their approach in assisting the Court.