Legal Research Essay Example | Topics and Well Written Essays - 2500 words

Legal Research - Essay Example Accidents can take several forms and each one of those might produce diverse results ranging from minor to moderate to fatal injuries. Among the major forms of accidents that take place, road accidents are deemed to have the potential of much frequent occurrence2. Notably, the common grounds of court ruling in road accidents take into account the duty of care beard by the road users, contributory negligence performed by the driver(s) and insurance coverage of the driver(s), in order to rule the offence and correspondingly deliver opinion on the liabilities of the driver. The ultimate ruling may affirm that i) one of the parties involved in the accident was entirely faulty, which caused the accident and thus the liability is to be bestowed on that party completely; ii) both the parties involved were equally liable for the damages caused due to the road accident and must be charged with 50:50 liabilities in compensating each other’s losses; iii) either of the parties involved in the road accident was more responsible than the other and therefore the liability shall be shared in a proportion where one party bears more but not the entire compensation than the other party involved3. Taking into account these principles along with other statutory provisions, the aim of the paper will be to analyze a particular case related to road accident. Subsequently, the paper will provide advice to the victim of the accident described in the section of case overview regarding all the legal procedures thereafter. Case Overview Headed for celebrating a short weekend holiday in their campervan, Mr. Johnson and his family had to experience a fatal accident, where the driver in the other car was killed. The driver in the other car, D, had been driving erratically when it hit Mr. Johnson’s campervan. When police arrived to the accident scene, even though they conceded that Mr. Johnson was not faulty, they charged Mr. Johnson for the death of D. The other relevant particu lars of the case state that Mr. Johnson’s campervan was uninsured and that he too did not possess a full license, which, according to the police made him chargeable under the relevant act. Additionally, further investigation to the accident revealed that the D was under the influence of alcohol when driving, which was the cause of his driving erratically and had further caused his death in the road accident. Undoubtedly, the point of concern in this case is to justify the proportionate liability of Mr. Johnson and make him bear least liability of the accident. Relevant Laws In the case of Mr. Johnson and D, the applicable statues will be under the Road Traffic Act 1988, and the relevant Tort of Negligence. As a matter of fact, the proportionate liability chargeable for Mr. Johnson and D will be required to be considered in ruling the compensation liability of Mr. Johnson. As disclosed in the above mentioned case, where Mr. Johnson was hit by another driver, in-spite of the fa ct that he/she was driving within the prescribed speed limit, Section 125 of the Highway Code of UK rules that being in a particular speed limit does not signify it is safe and justified to drive for any particular situation and get exempted from the liability of the road accident damages. Although charges and penalties in such cases are minimal, a legal