Kozimor v Adey (1962)

Kozimor was a 40 year old woman who ran onto an uncontrolled pedestrian crossing in front of a car being driven by Mr Adey.

The car was travelling at about 25 mph and was about 15 yards back from the crossing when the woman began to cross.

The car driver applied his brakes and swerved to the right but was unable to avoid colliding with Kozimor.

There was a split in liability in this instance.

The Judge stated that the motorist Adey was guilty of a breach of a Pedestrian Crossing Regulation 1954, Reg 4 (an absolute duty to drive at such a speed and keep such a look-out that he might be able to allow uninterrupted crossing to any pedestrian who set foot on the crossing).

However, he could only be certain of avoiding a breach by approaching the crossing at such a slow speed so he could stop in time to avoid any pedestrian, however unexpected and however foolish. Breach of the regulations was a cause of the injuries but another cause was the woman's failure to take care for her own safety.

Due to the policy behind the regulations, there was a measure of moral responsibility on Mr Adey as it was his duty to anticipate and provide against even so unexpected an occurrence.

The proportion of responsibility was 75% to Kozimor (the pedestrian) and 25% to Adey (the driver).

 
 

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