DUA (Driving Under Assumption) proves costly

A recent ruling by the New South Wales Court of Appeal in O'Neill v Liddle has confirmed that a driver's failure to keep a proper lookout is legally significant, even where the other driver fails to comply with the road rules.

Accident circumstances

The driver of the first car, Liddle, paused briefly, then drove through a 'give way' sign into an intersection. She did not see O'Neill's car approaching from an adjacent street because of glare from the sun.

O'Neill acknowledged that she had seen Liddle but assumed that she would stop at the 'give way' sign. Acting on this assumption, O'Neill continued through the intersection and the two cars collided. Liddle's car rolled and her arm was crushed. Liddle sued O'Neill for her injuries.