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The case of Allen Woodhouse v Lochs and Glens (Transport) Limited involved a coach crash with 51 people on board. It was travelling on a stretch of the A83 near a spot known as the "Rest and Be Thankful".

As a result of the bus being hit by two gusts of wind, unusually, it would appear, one gust on its left side and one on its right, it veered off the road and turned over as a result of going down a steep bank.

Mr Allen was one of the passengers of the coach. He raised an action citing fault on the part of the bus driver for driving too fast for the conditions and thereby not having sufficient time to react to the gusty condtions on a narrow and exposed secton of the A83. Subsequently, the Police undertook an investigation of the crash and concluded that they would not bring charges against the bus driver. 

Whilst the value of the action was relatively modest, the Defenders vigorously defended it on the basis that, no doubt, if successful, there may have been a number of other claims brought against the defender.

The case focused on a careful analysis of the evidence in the seconds before the accident happened. This included a detailed review of the direction and force of each gust of wind; the speed the bus was travelling both before and after the first and second gusts of wind; and the actions of the driver in attempting to deal with the windy conditions.

The court agreed with the pursuer that the principle of "res ipsa loquitor" applied. This essentially shifted the onus of proof onto the defender to prove that the accident happened without any negligence on their part. 

Interestingly, the Judge took no account whatsoever of the decision taken by the Police not to press charges against the other driver on the basis that the Judge had no information about what evidence the police had relied upon in coming to their decision.

Further, there was no suggestion that the bus itself was unsuitable for the road or poorly maintained such that is poor maintenance, in any way, contributed to the accident.

It all came down to the one point about whether the actions of the driver, and specifically the speed she was driving at, materially contributed to the accident. The court concluded they did not, The court accepted that the gust of wind happened, but that the driver could have done nothing about it. It appears that nothing short of the driver stopping the vehicle would have avoided this accident.

This case is perhaps a lesson for all Pursuer's to be wary about raising an action at a point when it is unclear what acts of negligence have contributed to it. Whilst the principle of res ipsa loquitor can be usefully employed in certain instances, it is something to rely upon with caution. The general rule is unless a pursuer can point to an act or acts of negligence which have or very likely to materially contributed to the accident, then it's not an action likely to succeed. 

That said, given the fact there were a number of other claims resting upon the outcome of this claim, it is understandable the Pursuer soldiered on with his claim and equally understandable that the Defenders vigorously defended it. 

It is also interesting, as noted above, that although the Police had come to the decision not to press charges, the court took no notice of this decision but relied on coming to view its own view on the matter and not simply endorsing that of the police which is something one does see in judgements on this type of case. 

If you have been involved in a road traffic accident and wish advice, you can contact us on 0800 988 8082 or by using our online enquiry form.  

 

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