A driver travelling at night in dark conditions with inadequate street lighting may be negligent in failing to activate high beam headlights where the risk of a pedestrian on the roadway is foreseeable and not insignificant, high beam is not contraindicated, and the low beam throw is insufficient to detect and react to obstacles at the speed being travelled. The duty of reasonable care does not require a driver to travel at a speed within the 'limits of visibility and control' so as to react to whatever ventures into the vehicle's path, but it does require the driver to take reasonable steps with available vehicle lighting. An employer's indemnity under s 151Z(1)(d) of the Workers Compensation Act 1987 is not to be reduced for the worker's contributory negligence.
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