Victims need only to prove that the person against whom they are bringing their claim was at least partly to blame for the accident. They don’t have to prove that the other motorist was driving so badly that they committed a road traffic offence.”
Mr Ryan, who has more than 20 years’ experience representing injured victims of road traffic accidents, said it was rare for the other driver to be prosecuted but this did not mean that they were not wholly or partly to blame for the accident.
“A conviction against the other driver for a motoring offence can, of course, help a claimant but the lack of conviction does not absolve the other driver from blame,” he said. “What matters is whether or not the other driver was negligent.
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