HC Deb 20 February 1984 vol 54 cc367-8W
Mr. Watts

asked the Secretary of State for Transport if he is satisfied that there are adequate remedies in law for motorists who suffer loss or injury as a result of accidents involving drunken pedestrians.

Mrs. Chalker

Yes. All road users, including pedestrians, owe a duty of care to others. If a pedestrian fails to exercise that duty and as a result causes damage or loss to a motorist or other road user, he is liable in negligence. Although not a legal requirement, a pedestrian is able to take out insurance against accidents on the highway and a claim could be made against that insurance by a motorist following a road traffic accident.

Mr. Watts

asked the Secretary of State for Transport what evidence is available as to drunkenness of pedestrians being a contributory factor in road traffic accidents.

Mrs. Chalker

A study carried out in 1977 by members of the accident research unit at Birmingham university on behalf of the transport and road research laboratory concluded that alcohol played a major role in fatal pedestrian accidents. A copy of the report (TRRL supplementary report 332) is available in the Library. This is an area which merits further investigation and it will be researched as soon as commitments allow.

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