Road accident leads to injury claim
A man has made a personal injury claim after being hit by a car as he crossed the road. The incident took place when the claimant was walking along a wide main road in broad daylight. There were no crossing facilities nearby but the claimant needed to cross the road to visit a shop.
There was a slight bend in the road but the claimant had a good view of it and seeing that there was no traffic on either side believed that it was safe to cross over to the other side. He made his way towards the centre of the road, when he heard a car behind him with the engine revving noisily.
A car had come around the slight bend at a fast speed, which had forced the driver almost onto the opposite side of the road. The driver was veering straight for the claimant. The car then hit the pedestrian who was thrown onto the bonnet before falling onto the ground.
The police and an ambulance service were called to attend to the claimant, who had suffered serious injuries including a broken leg and a hit to the head as well as cuts and bruises. The police questioned the car driver and witnesses who saw the incident. He also sustained a minor head injury and general cuts and bruises. He was taken to the local Hospital and remained an inpatient for two days.
Making the call
On his release he learned from the police that the driver would probably not be prosecuted because there was a lack of corroborative witness evidence. They did not comment on who they felt was to blame.
The claimant decided to make enquiries about a possible compensation claim and he spoke to an injury lawyer who handled the claim. Within two weeks the first in a line of letters had been sent to the responsible driver telling him we intended to claim.
It was argued that the claimant should accept one third contributory negligence because he had crossed right in front of oncoming traffic. Evidence from witnesses suggested otherwise and whilst there was insufficient evidence to convict the driver in a criminal court - there was more than enough to suggest civil negligence. After a short argument the insurers agreed to pay the claim in full.
Speedy recovery
The focus then switched to the no win no fee claim and the claimant’s medical progress. The fracture had healed well without physiotherapy and he was returning to full fitness. After 7 months the claimant was progressing so well that we arranged to have him examined by an orthopaedic doctor - the doctor reported back to both the solicitor and the insurers on the claimant’s condition and his likely recovery period. The cost of this evidence was paid in full by the insurers.
The doctor agreed that the claimant’s recovery was well on course and that after 18 months he should have no ill effects or residual weakness. His claim for pain and suffering was agreed at £5,000 which included minor psychological elements and soft tissue injuries. He also received £2,500 loss of earnings along with £500 for miscellaneous items such as care and services necessary after his release from hospital.
Updated on 22/06/2009