Look Up From Your Phone! Pedestrian's Contributory Negligence Measured At 100%

In Brief

• In multiparty accidents, where the Claimant is the only party at fault, the concept of relative culpability does not apply. Instead, contributory negligence is measured by the extent to which the Claimant departed from the required standard of care.
• A finding of 100% contributory negligence is reserved for "the worst possible" cases.
• A pedestrian crossing a busy six-lane arterial road, whilst looking at their mobile phone, falls into the worst possible case.

Facts

The Personal Injury Commission (PIC) published its decision in Kojic v Insurance Australia Limited t/as NRMA Insurance [2026] NSWPIC 13 on 23 January 2026.

On 25 May 2024, the Claimant was run down whilst trying to cross Victoria Road, at Drummoyne, near the intersection with Osgathorpe Road.