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High Court dismisses personal injuries claim for damages for injuries suffered arising from a road traffic collision, on the grounds that: the objective expert evidence establishes that it was, on the balance of probabilities, the plaintiff's vehicle which veered into the lane in which the defendant's vehicle was travelling; and despite a finding that the defendant truck may have been defectively maintained and loaded, the plaintiff failed to establish a causative link between between the maintenance of the truck and the injuries sustained.
Personal injuries - road traffic collision - liability and causation - complex and highly technical evidence - serious traffic collision report - plaintiff's vehicle crossed white line - whether defendant truck's brakes working properly - whether truck overloaded - forensic engineer - balance of probabilities - vehicle inexplicably crossed over defendant's lane prior to collision - truck defectively maintained and loaded, but no causal link established - but for test - principles of causation - plaintiff's memory loss - claim dismissed.
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