Driver blamed wasp sting
In September I was riding my Vespa when a car swerved from the other side of the road onto mine and hit me knocking me off and injuring me. The car driver has blamed his swerve on a wasp sting and his solicitors are arguing that I have no entitlement to compensation. They say that their client was not negligent as the sting caused the loss of control and it was not his fault. How can this be right – I didn’t do anything wrong and would like to get compensation.
James, by e-mail
Answer
Your opponent’s solicitors are relying on a legal defence known as “automatism.” This is where someone cannot be held responsible for their actions if they had no knowledge or control of them. For example, committing a crime whilst sleepwalking or having an epileptic fit out of the blue whilst driving. An automatism defence can succeed where a person experiences a total loss of control through no fault of their own.
The Defendant will have to satisfy a court that he was stung and that sting caused him to swerve. It would help if you asked for evidence such as photographs to show any evidence of a sting. Ultimately it will be down to a court to decide whether the defence is made out, or if it was simply a case of driver error. I would also argue that even if he can prove he was stung, his response to being stung was wholly unreasonable.
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