Smith v Bluebird Buses Collision Locus

Smith was under the influence of alcohol when he approached a stationary car at a set of traffic lights.

The car was positioned within the outside lane. The car was being used as a campaign vehicle for the SNP in the general election and it had two Saltire flags on either side flying from the exterior of the car.

As the lights turned to green, Smith grabbed the flag from the nearside of the car and quickly turned to cross to the pavement.

SNP Campaign Car

As he crossed he was struck by a bus owned by Bluebird Buses. The driver of the bus could see Smith on the road and intentionally slowed the vehicle as well as moved to the left with the intention of manouvering past Smith.

The Judge confirmed that there is always a heavy onus on drivers to look out for pedestrians on the road even when they were behaving with a disregard for their own safety.

Nevertheless, Smith had to bear the heaviest responsibility and he was held to be 85% contributory negligent.

Interestingly, this is a lower percentage than the case at first instance of Jackson v Murray despite the cases being quite distinct.

In this case, Smith was under the influence of alcohol and behaving recklessly. However, in the case of Heather Jackson, she was a young girl crossing the road behind a marked school bus.

The full judgement from the Scottish Courts can be read here

Related Articles

Pedestrian Law

Paramasivan v Wicks (2013)

Case Law Pedestrian Law
February 13, 2024

A 13 yr old child runs onto a road from between two parked cars and is hit by a passing motorist.

Pedestrian Law

Kite v Nolan (1982)

Case Law Pedestrian Law
February 13, 2024

A 5 year old boy runs onto the road from between a parked car and an ice cream van and is knocked over by a passing motorist.

Pedestrian Law

Jackson v Murray (2015)

Case Law Pedestrian Law
February 13, 2024

A 13 year old girl is hit by a car following alighting from a school minibus and attempting to cross the road.

Is it worth 5 minutes of your time?

A quick phone call allows us to ask you a few questions about what happened to you and determine whether we can help. 

This form collects your name and phone number so that we can contact you. Check out our Privacy Policy for more detail on how we store, process and protect your submitted data. If you choose not to consent, please use an alternative contact method shown on our Contact page.

Get in Touch