This chapter outlines the English legal framework relating to liability and compensation for road accidents, and examines some typical legal situations. Most accidents are caused by `negligence', which has a special definition in the civil law of tort. To be guilty of negligence, the defendant must be shown to be in breach of his `duty of care' to his victim, which must have caused the victim's loss or injury. Physical injuries, especially brain and spine injuries, give rise to a range of interesting legal questions. These questions also arise in the event of psychiatric injury, an area where there have been major developments in recovering damages during the last decade. If psychiatric injury accompanies physical injury, the law generally allows damages to be allowed for it. In the absence of physical injury, the law aims to restrict claims by setting certain conditions. The chapter also discusses: (1) the concepts of `primary' and `secondary' victim and `special relationship'; (2) being present at an accident or its immediate aftermath; (3) whether an accident is always `shocking'; (4) recognised psychiatric illness; (5) causation in psychiatric injury; (6) pre-existing vulnerability to injury; (7) compensation; (8) mitigation of loss; and (9) the legal process and its social and psychological consequences.
Samenvatting