Specialist Lawyers Helping Manchester Accident Victim

The family of a man who sustained a severe brain injury when he was struck by a car on his way home from work in February 2017 has called for greater awareness amongst drivers of pedestrians in the road.

David O’Driscoll, from Ashton-Under-Lyne, was walking to his car after finishing work at a bank in Wilmslow on the night of 2nd February 2017, when he was hit by Professor Nigel Bundred, an eminent surgeon, as he crossed a road junction just yards from the Professor’s home.

The accident was captured on CCTV at a neighbouring property and footage showed the Professor’s Mercedes cutting the corner so badly that at no stage was his vehicle actually on the correct side of the road.  39-year-old David, who was wrongly alleged to have been on his mobile phone, was struck by the car, catapulting him into the air and onto the road surface.

On Friday 23rd February, at a criminal trial at Tameside Magistrates Court Professor Bundred was found guilty of driving without due care and attention. He was fined £2000 and a victim surcharge of £170 as well as the prosecution costs.

David said: “That night my life changed forever.  I was just minding my own business, walking back to my car and looking forward to getting home to my wife and 4 week old little boy Ronan.  I stepped into the road having checked that it was safe to do so, but the car came from behind and I didn’t even see it coming”.

David suffered a catastrophic brain injury and had to have part of his skull removed and a metal plate inserted.  He is still receiving treatment and has not been able to return to work.    As a result of his injuries David missed the first four months of his little boy’s life, and 12 months on the effects of the brain damage mean that David is still not able to properly care for his young son.  

The tragedy has been compounded by Professor Bundred’s motor insurers refusing to acknowledge any liability to David and refusing to release interim funds in order to pay for a proper program of private rehabilitation at a time when David most needs it.  As a result David and his wife have had to rely on the generosity of their wider families, even though it was clear from a very early stage that the Professor, an award winning and highly respected Doctor, was at fault.

Today David made this plea “I would urge all drivers to be extra vigilant when driving at night and to look out for people in the road. It’s due to the skill, professionalism and dedication of Mr JP Holland and his excellent team at Salford Royal that I am alive and able to be with my wife and son. The NHS at Salford Royal and the North West Ambulance Service saved my life and I am forever grateful to them for returning me to my family.”

David and his wife Kerri are working with specialist serious injury lawyers at Irwin Mitchell, who are seeking to secure funds from Professor Bundred’s motor insurers to help support his rehabilitation and recovery.  

Matt Brown, a Partner and specialist serious injury lawyer representing David, said: 

Expert Opinion

“This accident could have easily been avoided had Professor Bundred been more vigilant; Mr O’Driscoll was clearly visible as he crossed the road that evening, as he was perfectly entitled to.

“It’s important that all drivers take note of the consequences of careless driving and ensure that they particularly look out for vulnerable road users such as pedestrians. We hope that now the criminal trial is over it will speed up the process of securing David the funds he needs to aid his recovery and rehabilitation.

“David and his family have requested that their privacy is respected at this time whilst he is given time to recover from his injuries.” Matt Brown - Partner

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