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CASE STUDY: McAndrew v AAI Limited [2013]


Mr McAndrew was a pedestrian walking across a road when he was hit by a motorcycle. As a result of the impact, the client suffered serious and painful injuries and was hospitalised for a long period of time. Prior to the accident, Mr McAndrew had secure, well-paying employment within the mining industry and enjoyed keeping fit by engaging in boxing training and rugby.

Issues

One issue in this case was to what extent contributory negligence should be attributed to Mr McAndrew's claim as he had been consuming alcohol that night he sustained the injuries.

The defendants argued that Mr Andrew's had been positioned in by an unsafe area of the road and had impaired awareness due to the effects of alcohol consumption.

Findings

After evidence and witness statements were presented to the court, it was ultimately determined that Mr McAndrew’s level of alcohol consumption did not substantially affect his perception and reaction to the motorcycle.

Witness statements gave evidence that the driver of the motorcycle had been driving at a very fast speed and that there is no evidence that there was anything in sight. In essence, it was perfectly safe for Mr McAndrew’s to get out of the taxi and walk across the street at that point in time.

Damages

Mr McAndrew’s was awarded damages of $1,43,209,60.

I have been in a motorcycle accident, do I have a claim?

Shine lawyers are experts in Motor Vehicle accident claims, if you have been injured as a result of a motor vehicle, contact us for an obligation free appointment.

Written by Shine Lawyers on December 17, 2018. Last modified: January 16, 2019.

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