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In the recent case of Murphy v Smith News Trading and Another a Judge held that a lorry driver could not be held to blame for a road traffic accident despite speeding through a junction. The Judge refused to award compensation to the car driver who was injured in the accident.

In this case a lorry crashed into the side of a car. The driver of the car and two passengers suffered serious personal injuries and two other passengers in the car were killed in the accident. The driver of the car sought compensation for the losses and injuries she sustained as a result of the road traffic accident.

The accident occurred at a junction controlled by traffic lights. The lorry driver admitted that he had been travelling at a speed in excess of 30 miles per hour however, argued that the driver of the car must have gone through a red light as his light was green for him to proceed.

The car driver argued that even if she had driven through a red light the lorry driver ought to be found partly to blame for the accident because he was speeding.

The Judge held that the lorry driver’s speed was part of the circumstances, which cause the road traffic accident to occur, but did not cause the collision. The Judge held that the traffic light for the lorry driver to proceed through the junction was green. No compensation was awarded to the car driver as the lorry driver was not found in anyway to blame for the road traffic accident.

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