There is no "give way" when keeping a proper lookout

O'Neill v Liddle [2012] NSWCA 267

Judgment date: 29 August 2012

Jurisdiction: New South Wales Court of Appeal¹

In Brief

• Liability will not automatically be determined against a driver who proceeds through a Give Way sign. All of the circumstances need to be considered in determining which party had failed to show reasonable care.
• An assessment of loss of future earning capacity is not solely dependant upon the plaintiff's prior or current income. It involves an assessment of possibilities not probabilities and a judge is able to take into consideration the plaintiff's work ethic post-accident to arrive at such conclusions.

Background

On 23 April 2007, the plaintiff was injured when her vehicle was struck by the defendant's as she proceeded through an intersection. The plaintiff sustained severe injuries to her right arm.