Question

Question 1

Katie was driving her new car along busy George Street in Parramatta during peak hours when she knocked into Max, a pedestrian. Max was walking along George Street when he stopped at the corner of George and Smith Street and crossed the road without waiting for the traffic light to change. Neither Katie nor Max took any evasive action. Max could easily see Katie approaching but decided to cross the road anyway. Katie had taken her eyes off the road for a few seconds to text her friend whilst driving and she could not step on her brakes in time to

avoid knocking down Max. Max has a fractured leg and has a gash on his head. Max is suing Katie for the injuries he has suffered as a result of the accident. Rita who was at the traffic lights when the accident happened witnessed the accident. Rita has had a nervous breakdown and now has a phobia about crossing the street which severely limits her social life. Rita is suing Katie for damages.

Advise Katie, Max and Rita of any rights they may have in this situation and if Katie will be liable under the Tort of Negligence ONLY, giving full legal authority for your answers.

Answer 1

This can be treated as a case of Proportional Comparative Fault at 50 Percent as Katie, Max were having the fault and equal contribution in the accident.

Katie was guilty of not driving carefully and texting while driving while Max is responsible equally as he did not wait for the red light and crossed the road without giving a notice to the traffic. Thus in this case, the damages will be paid only 50% to Max.

Rita does not have any right to sue anyone as she was just a witnessed and accident cannot be have any liability on the witnesses