Pedestrian Sues Driver For Damages After Allegedly Being Knocked Down On Esterley Tibbetts Highway
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By Alric Lindsay
According to a Writ of Summons filed in the Grand Court on August 22, 2024, Amos Passard is suing Althea Faith Williams-Allison for general and special damages after Passard was allegedly knocked down by a car driven by Williams-Allison on Esterley Tibbetts Highway in November 2021. Passard alleges that the accident was due to Williams-Allison’s negligence and/or breach of statutory duty under Sections 67 and 68 of the Traffic Act.
According to the claim, Passard was walking along the Linford Pierson Highway on November 12, 2021, pushing his pedal cycle towards the junction of the Butterfield roundabout. Reportedly, Passard was walking across the road pushing his pedal cycle when Williams-Allison, allegedly travelling westbound along the Esterley Tibbetts Highway, failed to stop and crossed directly into Passard’s path, causing an unavoidable collision.
In addition to the damage to Passard’s cycle, Passard reportedly suffered the following injuries:
- Scalp laceration head injury
- Ankle injury
- Hip fracture
- Pain to chest and right shoulder
- Chronic pain to head and neck
- Lower back pain and muscle spasms
- Loss of cervical lordosis
- Loss of self-ambulation
- Anxiety
- Flashbacks
- Post Traumatic Stress Syndrome
Passard alleges that Williams-Alison was negligent and is guilty of the breach of her statutory duties by:
- Failing to give the right of way to all approaching vehicles
- Failing to drive at a speed and in a manner and at a distance from other vehicles as to be able to stop in an emergency without being involved in a collision
- Failing to exercise due care and attention when using the road and failing to have due regard to the safety of other road users
- Failing to see Passard in time or at all
- Failing to apply her brakes whether in time or at all
- Failing to manage the vehicle so as to be able to stop within the limit of vision available at any given time
- Failing to drive in a way so as to avoid the possibility of collision with any other road user, irrespective of the relative size or condition of the intersection or adjoining roads
- Failing to stop, to slow down, to swerve, or do anything to manage or control her vehicle so as to avoid the collision
- Driving at a speed that was too fast in all of the circumstances
- Failing to comply with all traffic signs and signals;
- Failing to exercise reasonable skill and care to be expected of a reasonably skillful and careful driver in the circumstances
- Failing to comply with the road code.
Passard is now asking the Court to award damages for losses and expenses incurred as a result of the collision.
