Case study: £32,500 compensation for pedestrian injured by dangerous driver
Our road traffic accident solicitors recently acted for a pedestrian who sustained serious injuries after a car mounted the pavement and hit them.
Accident circumstances
On the day of the accident, Mrs O was crossing the road. When she reached the middle, she stopped on a pedestrian island to check it was clear before crossing the remainder of the road. Whilst she was waiting on the island, the Defendant drove their car around the nearby roundabout, and then mounted the island, colliding with her.
Mrs O sustained a closed fracture to the tibial plateau and femoral shaft in her left leg, requiring surgery, along with psychological injuries.
She required care and assistance for a period following the accident and incurred financial losses for damaged items (clothing and glasses) and medical expenses and equipment. She also had to have a handrail installed in her property to help with her mobility.
Claiming for personal injury
As Mrs O was taken to hospital immediately, she did not have details of the Defendant driver. We therefore contacted the Police to obtain these.
Our Personal Injury team ran an insurance check on the vehicle and submitted a Letter of Claim directly to the insurers. We alleged that the driver:
- Was in breach of their duty of care to vulnerable road users;
- Failed to ensure the vehicle was driven in a safe and careful manner;
- Drove without due care and attention;
- Drove dangerously;
- Failed to take evasive action to avoid a collision;
- Failed to ensure that the vehicle was driven in a way that would not be a danger to other road users.
Whilst the Police conducted their investigations into the Defendant, we agreed with the insurer that we would instruct a rehabilitation company on a joint basis to provide Mrs O with access to the treatment she required.
Obtaining a treatment and rehabilitation plan
Our solicitors arranged an initial needs assessment which recommended a treatment plan which was undertaken, at no cost to our client. This allowed a swifter recovery than if she had not had rehabilitation assistance due to NHS waiting lists. The report recommended physiotherapy, an Orthopaedic review, and a course of psychological therapy.
Mrs O had significant improvement in her pain levels and mobility following treatment, as well as psychological symptoms and some further sessions of treatment, were arranged to assist further.
Offer of settlement
Following the conclusion of her treatment, the insurers made a settlement offer of £32,500 which Mrs O accepted.
We were able to refer Mrs O for a ‘no-obligation’ chat to discuss the requirement of a Personal Injury Trust so that she could assess the best place for her compensation to be paid.
Contact our road traffic accident lawyers
If you and/or a loved one have been injured by a careless or reckless driver, you may be able to claim compensation for your injuries and help fund treatment and rehabilitation. For a no-obligation chat, call our personal injury solicitors on 0117 325 2929 or fill out our enquiry form.