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Representing D in a fatal road traffic accident. The driver of an LGV was in stop-start traffic in a busy area and aware of pedestrians crossing from both sides in between vehicles. The Deceased left the footpath and walked in front of the LGV. D’s driver looked in his mirrors, but did not see the Deceased. C submitted that the driver should have made a final check in his Class VI mirror before moving forward and, had he done so, he would have seen C. D’s driver did not make that extra check but moved forward whereupon the deceased lost his life.
Claim dismissed. Judgment for D.