Report No. 85
3.9. Difficulties of proof.-
Difficulties of proof, of course, do not necessarily justify a relaxation of the actionable elements of liability in every case. But it is the view of many persons that1 because of these difficulties which are peculiar to modem highway traffic, justice suffers, in as much as the person who could have recovered compensation is unable to do so, not because fault did not exist, but because it could not be proved. Added to these considerations is the aspect of delay and arrears in courts and tribunals. By the time the injured person (or if he is dead, his legal representatives) can recover compensation, considerable expenses has to be incurred by him. At the end, the amount recovered becomes inadequate and, by reason of intervening inflation, totally unrealistic.
1. See further para. 3.43, infra.