Family ‘Appalled’ That Motorist Was Given Fine When Uncle Has Been Left Unable To Walk Or Talk

London Man Suffered Severe Brain Injury After He Was Knocked Over By A Car

22.05.2014

The nieces of a man left with a devastating brain injury after he was knocked down by a car whilst walking his dog say they are ‘appalled’ after the driver was given a fine and driving disqualification after pleading guilty to careless driving this week (20 May).

Kenneth Martin, 54, of Woolwich, South East London, was walking his dog on Woolwich Common on 4 September 2013 in the evening, when a car swerved off the road and ran straight into him. He suffered severe orthopaedic fractures down the left hand side of his body, including a pelvis fracture, as well as a brain injury which has left him needing life-long care. He is currently in Blackheath Brain Injury Rehabilitation and Neurological Care Centre and unable to talk or walk.

Serious injury experts at Irwin Mitchell representing Ken’s family in a civil claim appealed to the CPS to upgrade the driver, Gurdev Sangha’s, charge to dangerous driving ahead of the plea hearing. But the request was declined and Mr Sangha pleaded guilty to the charges of careless driving, driving without due care and attention and also having faulty brakes on his car. He was fined £570 and disqualified from driving for two years following the hearing at Bexley Magistrates Court.

The specialist legal team at Irwin Mitchell representing Ken has secured him interim funds from Mr Sangha’s motor insurers to provide ongoing treatment and rehabilitation, but are now working to secure a lifetime care package for Ken, as he is unlikely to be able to live independently once he has been discharged from hospital.

Expert Opinion
Ken and his family have been left devastated by the accident and we are supporting them so that we can secure justice for the injuries he sustained as well as raise the importance of safety on the UK’s roads.

“Sadly we see so many people who have suffered life-changing injuries in road traffic collisions. The judge sympathised with Ken’s family by saying it was the highest sentence he could have given to the defendant, but the family understandably remain disappointed with this.

“Ken raised his three nieces from a young age and took on the roles of both parents after their mother died. They are understandably worried about their uncle who is suffering from severe injuries including a traumatic brain injury.

“Now that the criminal proceedings have concluded we are working to secure vital funding for Ken and his family to ensure that he has access to suitable rehabilitation, therapy and care to aid his ongoing recovery.”
Laura Middleton-Guerard, Associate

Susan, 30, from Tottenham in North London, said: “Our uncle devoted his life to me and my two sisters after our mother passed away in 1990. He also looked after his mother and father and was a fantastic family man.

“He raised us to be the people we are today and seeing him suffering in hospital is heartbreaking. Before the incident he was a very active man and a fully qualified mechanic – he loved his job but due to his condition, I don’t think he will ever be able to do this again.

“The incident on 5th September changed all of our lives forever; it has put a great strain on us all. We all visit him regularly, even though it is distressing to see him suffering; Ken is the one person that kept our family together through everything and it is extremely difficult for us to see what has happened to him.

“We are appalled with the conclusion of the criminal proceedings today as the driver merely got a fine and a disqualification, whereas our uncle has to live with his condition for the rest of his life; and will have no impact on improving road safety.

“Our attention now moves on to securing justice for Ken and working towards gaining him access to the treatment he needs to aid his rehabilitation and recovery.”