Slippery When Wet – When An Unsafe Speed Means You're Livin' On A Prayer

In Brief

• In single vehicle accidents, contributory negligence is assessed by reference to how far the Claimant's driving behaviour departed from the required standard of care.
• A driver may be travelling at a dangerous speed, for the conditions, even when they are driving within the speed limit.

Background

The Personal Injury Commission (PIC) published its decision in Mellor-Langham v QBE Insurance (Australia) Limited [2025] NSWPIC 194 on 23 May 2025.

On 12 March 2024, the Claimant was driving in a semi-rural area near Murwillumbah. She came to a bend in the road, lost control of her vehicle and collided with a truck travelling in the opposite direction. Unsurprisingly, the Claimant suffered a range of serious injuries including multiple right leg fractures and a degloving injury to her right arm.