| 单词 | Traffic accident |
| 释义 | 交通意外 A broad term referring to the various kinds of unexpected and unintended occurrence, usually a collision, between two or more motor vehicles on a highway which results in injury or loss. A driver may be liable for a traffic accident where the accident was caused by his or her breach of traffic regulations, negligent conduct, or negligent failure to act. Traffic accidents can be avoided if a driver of a motor vehicle observes his or her duty to persons using or near the highway, to drive with skill and care and to ensure that his or her vehicle is mechanically safe to be driven: Moffat v Bateman (1869) LR 3 PC 115. Contributory negligence is often raised as a defence in traffic accidents, particularly where two vehicles collide, or where a passenger knowingly accepts a lift with a drunken driver: Owens v Brimmell [1977] 1 QB 859. Alternatively, a defendant may be exempt from tortious liability by successfully pleading the defence of inevitable accident: that is, the traffic accident could not have been avoided by any precautions which a reasonable person could have been expected to take: Stoomvaart Maatschappy Nederland v Peninsular and Oriental Steam Navigation Co (1880) 5 App Cas 876. See also Contributory negligence; Negligence. |
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