A driver's failure to see a pedestrian crossing the width of the driver's car at a well-lit intersection with no obstruction to vision is, without explanation, sufficient to compel a finding of negligence, and a jury verdict of no negligence in such circumstances is irrational. Jury directions on causation must make clear that a defendant's negligence need only be a cause, not the sole or principal cause, of the plaintiff's injury, and must not suggest the jury's task is to determine whose fault the accident was. Section 33(2) of the Infringements Act 2006 (Vic) applies to infringement notices issued before Part 2 came into operation.
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