Irwin Mitchell’s serious injury lawyers successfully claimed compensation for multiple injuries caused by a road traffic accident, despite the lack of criminal conviction for the driver at fault.
We represented a 51-year-old man – Patrick – who suffered serious injuries, including a compound fracture to his left leg and extensive bruising to his neck and chest, after a tractor drove out in front of his vehicle at a junction in Cumbria in September 2012.
Patrick collided with the right side of the trailer, claiming that the tractor entered the carriageway when there wasn’t enough time for it to do so before his vehicle approached.
The Police sent Patrick a letter offering him attendance at a Driver Alertness Course. He declined that offer, believing he had done nothing wrong. The matter was reconsidered and Patrick was not requested to attend the course.
There was no criminal prosecution against the tractor driver but Helen Thomson and her team at Irwin Mitchell felt the circumstances needed investigating further, and obtained an expert report from a road collision investigator expert. With expert analysis it became clear that the actions of the tractor driver fell below acceptable standards. The Serious Injury team were successfully able to secure compensation for the driver.
Patrick was initially in hospital for 10 days following the accident. Following his discharge, he had a significant period of pain and difficulty with moving. He required further surgery, resulting in another stay in hospital.
He worked full time as a driver before his accident, and following the accident Patrick was absent from work due to his injuries for seven months. He later returned to his role on light duties.
Helen Thomson, a specialist serious injury solicitor lawyer, said: “There is a general view that you cannot bring a claim if the alleged defendant at fault is not prosecuted.”
“Patrick was seriously injured and was unable to work and earn to support his family.
“This case illustrates that sometimes you can bring a claim when there hasn’t been a criminal conviction against a driver who is at fault. By seeking legal advice and expert evidence there can be a successful claim.”
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