I concluded a case recently, subject to Court approval, for a pensioner who was hit by a heavy goods vehicle while crossing the road.
My client, a retired teacher, was walking to his GP surgery locally. In doing so he was required to go via a major roundabout. The underpass was threatening and he therefore crossed at street level. As he did so, and after getting over half way across the road, he was hit by a cement mixer exiting the roundabout.
Liability was fully contested on the basis that my client had placed himself in harms way and failed to look when crossing. The vehicle was not speeding.
Upon further investigation I was able to obtain dash cam footage from the vehicle and tachograph data. Analysis by an accident reconstruction expert showed that my client had been visible to the driver from about 80 metres and there was a window of opportunity to slow and stop the vehicle from when my client first stepped into the carriageway, which was not taken by the driver.
The case was fought to a High Court Trial in February 2024. I instructed Leading Counsel and upon cross examination of the driver, it became clear that not only had he failed to see my client but he agreed he ought to have done and had he done so, he would have taken earlier steps to slow down and stop.
Hearing the case, HHJ Robinson determined that my client ought to have been seen earlier and that the window of opportunity to avoid the accident was sufficient to determine primary liability against the driver for failing to take action.
As expected, my client was also criticised for failing to look and a deduction of 40% was applied for contributory negligence.
My client had suffered a significant head injury with underlying moderate to severe traumatic brain injury, spinal fracture, fractured clavicle and fractures of both feet. I was successful in obtaining case management and rehabilitation support for him under the Rehabilitation Code while issues of liability were being determined.
Unfortunately my client suffers with poor health otherwise and he has particular difficulties now notwithstanding his road traffic accident.
Recently the parties met at the joint settlement meeting and comprised the value of the claim. In doing so I secured a substantial award for my client which will go a long way to assisting his needs in the future.
The award requires court approval on account of my client lacking capacity owing to his injuries and the hearing date is shortly approaching. Assuming the settlement is approved, my client's damages will greatly enhance my client's quality of life in his remaining years.
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