Legislative and Judicial Policy of Iran and the United Kingdom on the Degree of Negligence of Pedestrians and Drivers in the Event of a Vehicle Collision with a Pedestrian

Document Type : Research Article

Authors

1 PhD Student, Department of Private Law, Science and Research Branch, Islamic Azad University, Tehran, Iran

2 Assistant Professor, Department of International Law, Science and Research Branch, Islamic Azad University, Tehran, Iran

3 Assistant Professor, Department of Private Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

Abstract

Role of negligence in establishing the causal relationship is not limited to cases of indirect damages (causation), but in cases where several direct factors have played a role in the negligence, the factor, to which the damage is attributable, can be determined by negligence. Developments resulting from the adoption of the law on compulsory insurance for damages to third parties due to accidents caused by vehicles adopted in 1395 and the Islamic Penal Code adopted in 1392 and providing various criteria in the distribution of liability, the fundamental question arises as to the place of fault in distribution of liability in these cases. Comparing the answer to this question with the answer to the same question in the British legal system will lead to a comparison of Iran's legislative and judicial policy with the United Kingdom. Analysis of the relevant laws and regulations in both countries indicates that in cases where pedestrian action cut the causal link, driver liability would not arise but where both have a significant role in causing the accident, they will be equally responsible, and in cases where the driver is at fault and the pedestrian is not at fault, the driver will be responsible.

Keywords

References

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Private Law
Volume 17, Issue 2
Autumn & Winter
October 2020
Pages 453-475

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