An Australia Post delivery driver who was injured when he was hit by a reversing vehicle, has successfully sued the driver of the vehicle, with the Supreme Court of the Australian Capital Territory finding the driver negligent in failing to keep a proper lookout.
Background
Trevor Steed worked as a motorcycle postal delivery officer. In July 2014, Mr Steed was delivering mail in Kambah, an area to which he had been delivering mail for approximately two and a half years. While riding his motorcycle on the path between two post boxes, he collided with a car being driven by Joshua McDougall as he was reversing out of his driveway. Mr Steed had not initially seen the car because some foliage over the driveway had obscured his view and as a result, he had not seen the car until he was two metres away from it. He swerved but he was unable to avoid the collision.
Court proceedings
Mr Steed commenced proceedings in the Supreme Court of the Australian Capital Territory against Mr McDougall, in negligence and claimed damages. Mr McDougall denied liability and in the alternative argued that Mr Steed was contributorily negligent in failing to keep a proper lookout and travelling at an excessive speed for the circumstances.
Her Honour Loukas-Karlsson found that, taking into account the standard of care that was imposed upon Mr McDougall by s 42, 43 and 44 of the Civil Law (Wrongs) Act 2002 (ACT), he ought reasonably to have known that: the path was used by motor cycle riders including postal delivery officers; that those riders might be distracted; that the view was obscured by foliage; and that significant injuries could occur from a collision. [115] Mr McDougall owed Mr Steed a duty of care which encompassed him minimising the risk associated with reversing onto the path by first stopping the vehicle and taking advantage of the available visibility before any part of his car encroached onto the path, and was in breach of that duty. The risk of injury was foreseeable. [124]-[131] Had Mr McDougall taken the precaution of stopping his car before it encroached the path, the collision would not have occurred. Factual causation for the purposes of s 45 of the Act was made out.
Her Honour also found that Mr Steed was contributorily negligent in failing to keep a proper lookout, with contributory negligence assessed at 35%.
Accordingly, the court upheld Mr Steed’s claim and awarded damages in the total sum of $478,561, taking into account a reduction for contributory negligence: Steed v McDougall.
For more information on the above contact Joe Bonura on (02) 4626 5077 or jbonura@marsdens.net.au.
This article first appeared in the CCH Australian Tort, Personal Injury, Health and Medical Law Tracker and is reproduced in full with permission from CCH, a division of Wolters Kluwer Australia: www.wolterskluwer.cch.com.au
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