Our client, Karen, was involved in a road traffic collision that left her with a serious brain injury. With the help of Laura Middleton-Guerard, an Associate Solicitor based in Irwin Mitchell's London offices, Karen was able to successfully bring a claim for the injuries she had sustained, establishing the driver’s liability and gaining access to the rehabilitation treatment she required.
Karen was crossing the road at a busy junction when a car hit her at speed, which left her with a significant traumatic brain injury. The driver refused to accept any responsibility for the collision and without a collision report from the Police, it was difficult to pinpoint who was at fault.
What Did Irwin Mitchell Find?
Our in-house collision investigator was able to visit the accident site and take measurements. He also followed-up with all witnesses to ensure we obtained a fuller picture of the accident. All of this information was crucial when instructing an accident reconstruction expert and pressing ahead towards a trial on liability.
The accident reconstruction expert identified that the driver was driving in excess of the speed limit, and had he been driving at the maximum allowable speed limit in the circumstances, he would have been able to stop and avoid the collision altogether. However, despite this the driver’s insurers still denied liability.
Furthermore, there were issues about Karen’s contribution to the collision because when Karen crossed the road, she did not use a pedestrian crossing and did so from in front of a stationary white van when the lights were on green. Because of our expertise in this area however, we were ultimately able to settle the case favourably for our client.
What Was The Outcome?
The case was eventually settled in Karen’s favour and we were also able to secure, at that time, an interim payment to enable her to continue accessing neuro-psychological sessions on a private basis and to instruct a neuro-occupational therapist to help with fatigue management.
For expert advice on matters relating to road traffic collisions, please contact Irwin Mitchell's personal injury team on 0370 1500 100 or complete our enquiry form.
If you or a loved one has suffered an injury, or if a loved one has died as a result of a pedestrian accident, our specialist road traffic accident lawyers could help you to claim compensation. Visit our Pedestrian Accident Claims page for more information.
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