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Pedestrian Injury Claim Resulting in a £50,000 Settlement

Posted by: Wiktor Buza
Posted in: Personal injury, Personal injury - client success stories
Date published: 07/10/2024

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In personal injury law, pedestrian accidents are particularly complex due to the interplay between road safety regulations and the expectations placed upon both drivers and pedestrians. This case study examines a recent pedestrian injury claim where the claimant, a pedestrian, received a £50,000 compensation settlement following an accident that left him with multiple injuries, including a brain injury, elbow injury, and ankle injury. The analysis below highlights the legal principles, evidence gathering, and the strategies that contributed to a successful outcome for the client.

Background of the Incident

The incident occurred on a winter evening when the claimant, returning from the shops, attempted to cross a relatively quiet road. The road was not equipped with a pedestrian crossing, and although the claimant exercised caution by checking for oncoming traffic, he was struck by a vehicle driven by an elderly gentleman. The driver failed to notice the claimant and did not stop in time to prevent the collision. The impact caused the claimant to be thrown over the car, resulting in a loss of consciousness and subsequent injuries.

The injuries sustained by the claimant were significant, including a brain injury that caused short-term amnesia, communication difficulties, and concentration problems. Additionally, he suffered injuries to his elbow and ankle, both of which resulted in long-term residual effects. Despite the lack of a pedestrian crossing, the case hinged on the duty of care owed by the driver to the pedestrian, particularly given the straight and mostly clear road conditions.

Legal Analysis

The key legal issue in this case revolved around the duty of care owed by the driver to the pedestrian. While pedestrians are expected to use designated crossings, the law recognises that drivers must exercise caution and be vigilant of potential hazards, including the presence of pedestrians in unexpected areas.

• Duty of Care and Breach: The driver’s failure to notice the claimant, despite the straight road with only a slight curve, constituted a breach of the duty of care. The driver argued that the claimant appeared suddenly, but the investigation revealed that the road conditions should have allowed the driver to anticipate the possibility of a pedestrian crossing, particularly since the claimant was walking along the edge of the street. This breach of duty was an important factor in establishing liability.

• Causation: Establishing a direct link between the breach of duty and the injuries sustained was essential. The evidence, including witness statements and police reports, clearly demonstrated that the injuries were a direct result of the accident caused by the driver’s negligence.

• Contributory Negligence: While the claimant was not using a designated crossing, the defence raised the issue of contributory negligence. However, the argument was mitigated by the fact that the road was not busy, and the claimant had taken reasonable precautions by checking for traffic. The court was persuaded that the primary responsibility rested with the driver, given the road conditions and the expectation that he should have been more vigilant.

• Injuries and Compensation: The severity and lasting impact of the claimant’s injuries played a significant role in determining the compensation amount. The brain injury, although it eventually healed, had the potential for long-term consequences, which were fortunately avoided due to successful rehabilitation. The persistent issues with the elbow and ankle, while not disabling, were serious enough to warrant substantial compensation. The comprehensive medical evidence and rehabilitation records supported the claim for £50,000, which covered not only the physical injuries but also the emotional and psychological impact of the accident.

Evidence Gathering

The following steps were pivotal in securing a favourable outcome:

• Witness Testimonies: Obtaining statements from bystanders who witnessed the accident helped corroborate the claimant’s account and provided an independent perspective on the driver’s failure to observe the pedestrian.

• Police Reports and Body Cam Footage: The police report, along with body cam footage, provided crucial insights into the scene of the accident, including the positions of the vehicles and the condition of the road. This evidence was instrumental in countering the defence’s claims of sudden appearance and in establishing the driver’s negligence.

• Medical Records: Detailed medical records documenting the claimant’s injuries, treatment, and rehabilitation progress were essential in substantiating the compensation claim. The long-term impact of the injuries, particularly the residual effects on the elbow and ankle, were carefully documented to support the claim for future losses and ongoing suffering.

Conclusion and Key Takeaways

This case illustrates the complexities involved in pedestrian injury claims, particularly when the accident occurs outside of a designated crossing. The successful outcome was largely due to the meticulous gathering of evidence, the careful application of legal principles relating to duty of care, and the effective argumentation against contributory negligence.

For personal injury practitioners, this case serves as a reminder of the importance of:

• Thorough evidence collection: Ensuring that all relevant evidence is gathered promptly and comprehensively can significantly strengthen the client’s case.

• Understanding the nuances of duty of care: In pedestrian accidents, it is important to consider the expectations placed on drivers, even in situations where pedestrians may not be strictly adhering to road rules.

• Effective communication with clients: Keeping the client informed and managing their expectations is essential, especially in cases where liability is contested.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

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