A driver who complies with the statutory speed limit for passing a school bus, keeps a proper lookout, and sees no children in or around the bus is not negligent merely because a child suddenly emerges and collides with the side of the vehicle. Requiring a driver to slow to whatever speed would have avoided the accident is impermissible hindsight reasoning that imposes strict liability. Where a pedestrian runs into the side of a moving vehicle, the 'but for' connection that the vehicle would not have been at that location had the driver been travelling more slowly is insufficient to establish factual causation under s 5D of the Civil Liability Act 2002 (NSW).
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