David Charles

It was a dark and dry night. The section of Cranes Farm Road on which Mr Charles was walking when he was struck is provided with a system of street lighting. The lighting was switched off at the time of this incident. In the case of each driver, the evidence was that they could have done nothing to avoid the collision. This was due to the lack of ambient light and lack of expectation of seeing a pedestrian in the carriageway. If the street lights had been illuminated it would have improved Mr Charles’s chance of being seen although this did not necessarily mean that either collision could have been avoided. It would, however, have given him a better chance of living.