MOTOR ACCIDENTS

New Zealand Herald, Volume LXXV, Issue 23019, 22 April 1938, Page 11

MOTOR ACCIDENTS

ABSOLUTE LIABILITY ASSESSMENT OF DAMAGES . ELIMINATING SENTIMENT LAW SOCIETY DISCUSSION [BV TELEGRAPH—PRKSS ASSOCIATION] CHRISTCHURCH, Thursday "To declare absolute liability in New Zealand is not to make a change in law, but it is only to declare truly the law as it is being practically administered at present. To affirm absolute liability is only to affirm in writing in the statute book a state of affairs that substantially exists in practice." Mr. W. J. Sim, of Christcburch, voiced this comment at the conference of the New Zealand Law Society today when he moved a remit "that this conference approves of the principle of absolute liability in motor collision cases, with provision for the assessment of damages by a judge and two, assessors."

"Damages would- then be assessed upon logical and not sentimental principles," lie contended. Creation ol Standards "The judge and two assessors would investigate the medical and economic questions involved in an atmosphere freed from undue sympathy. No doubt in a short time they would affirm standards which would become known and furnish a fair guide for the settlement of cases. If seen in its true light, the proposed measure would be no wide departure from the existing state of affairs and Mould bring about a situation consonant with the proper administration of justice." The term "motor collision cases," Mr. Sim explained, was intended to cover generally all personal injuries caused by motor-cars, and be would make reference to the proposed bill dealing with them and dealing with the position of insurance companies.

Mr. Sim said that, although 110 official insurance figures were available, approximately 90 per cent of the bona fide claims in motor collision accidents were settled either before or after a writ had been issued. Of the remaining 10 per cent, a contest took place on damages only in possibly 9 per cent. Jt was only in rare cases that both liability and damages were fought out. Workers' Compensation

The most familiar instance of absolute liability was the workers' compensation scheme, whereby an employer was made to pay merely because a workman had been placed in a dangerous situation. It was overdue for recognition. Mr. Sim submitted that a motor-car should be placed on the list of things dangerous in themselves. In 1880 the traction engine was considered by English Courts to be a dangerous thing and to be subject to absolute liability because it scattered destruction across a fence among inanimate things. How much more should a motor-car be so re'eognised to-day, travelling as it might at 50 to 60 miles an hour and scattering destruction on the highway itself, in the way of human life? This already had been recognised in England. Law in Other Countries The matter of absolute liability for damages caused by motor-cars had been adopted in regard to pedestrians in legislation now in force in Germany, Austria, Poland, Holland and Czechoslovakia. as weU as in France. It was also under consideration in England. America, Italy, Hungary, Denmark and Sweden at the present time, j The saving of delay and cost in litigation if a bill was passed was another i important advantage. Uniformity in the declaration of damages would be a dis- ' tinct advance, enabling a settlement to take place, when the principles of damage applied by a judge aud assessors could be known, as they would be. Finally, the removal of these intricate actions from the jurisdiction of juries would, in the final result, restore the jury to its honoured place in the community.

BETTER SAFETY RECORD EASTER WEEK FIGURES [BY TELEGRAPH PRESS ASSOCIATION*] WELLINGTON, Thursday "From a road safety point of view tlie record this Easter is much bettur than that of the previous Easter," said the Minister of Transport, the Hon. R. Seniple, commenting to-cla.v on the fact that there were five deaths between 5 p.m. last Thursday and noon on Tuesday against 11 in thu same period last Easter. "On Easter Monday last year six persons were killed, but on this Easter Monday there were none," added Mr. Semple. "Traffic accidents of all kinds were fewer this Easter, although there are 30,000 more vehicles registered than at this time last year. "Reports received indicate that apart from that minority of really thoughtless and careless road-users, motor-drivors and motor-cyclists showed very much more consideration for one another. I regard this work of the traffic officers, and the efforts of many others assisting in the campaign for greater road safety as the three main reasons for the big improvement which has taken place. "There is a tendency for road-users to relax their vigilance when they think the peak period of traffic is over," continued the Minister. "The coming week-end, however, with Anzac Day on Monday, calls for at least as much care and courtesy as was displayed through Easter week."