In Allianz Australia Insurance Limited v Christopher Ross Eden case [2024] QCA 49, the Queensland Court of Appeal dealt with the issue of contributory negligence regarding a pedestrian involved in a road accident. Christopher Ross Eden, after consuming alcohol, was walking along the Dysart Bypass Road during the evening, without any surrounding artificial light. Despite attempting to make himself visible by wearing a T-shirt with a white motif and carrying a white plastic bag, Eden was struck from behind by a vehicle. The driver, aged 80, claimed not to have seen Eden until approximately 10 meters away, although technical evidence suggested visibility from around 30 to 35 meters. The primary issue on appeal was whether Eden contributed to his own injuries by walking on the road in contravention of regulation. However, the court found Eden's actions reasonable under the circumstances, citing impracticability due to the road's conditions and his safety concerns regarding the opposite verge. The appeal was dismissed, with the court affirming the primary judge's finding that Eden had not contributed to his own injuries.
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