Compensation for Injured Passenger After Colleague Fell Asleep at Wheel

Author:
Susan Vanden
Partner, Road Traffic Accident Technical Manager
Date:
01/02/2022

Jason was sleeping in the front passenger seat of his work van when his colleague, who was driving, fell asleep at the wheel of the van, lost control and caused it to veer off the road.

Jason was taken by ambulance to hospital where he was x-rayed. Doctors found that he had a fracture in his left thigh bone, and his bone had broken into more than 3 pieces. He had surgery and a metal rod was inserted to stabilise the bone.  

Jason also suffered other injuries caused by the strain of the sudden movement on his muscles and tendons and he had significant grazing and bruising.

Since his accident, he has also suffered from anxiety whilst travelling as a passenger.

Jason’s tool bag was lost in the accident. His tools were worth £295. The clothes he was wearing were also badly damaged, along with his glasses.

What Happened After the Accident?

Jason was in hospital for six days after the accident, which included the surgery and recovery. Once he was released from hospital, he had to be cared for at home for four months.

During this time, Jason needed help with dressing, bathing, cooking and shopping because of his injuries. His family helped him with all of these things throughout the four months he was recovering.

Jason tried to return to work in September 2019 but found his work too difficult with his injuries and was ‘let go’ in October 2019.

Jason contacted Susan, one of our Personal Injury specialists, for advice about whether he could make a claim for his injures. 

Susan advised Jason that his previous employer was responsible for the accident as he was injured whilst in his works van.

We arranged for Jason to have an examination with a Trauma and Orthopaedic Surgeon. He produced a medical report that noted that Jason still had significant trouble weight bearing on his left leg and was suffering from hip pain in the same leg.

How We Helped

We made a claim to Jason’s former employer, who accepted responsibility for his injuries.

Jason couldn’t work for four months after losing his job, so we included his lost earnings for that period of time in his claim.

We also included the care that his sister and cousin had given him whilst he was recovering as part of the claim.

The medical expert who examined Jason recommended more physiotherapy to help with his recovery. He attended physiotherapy privately for three months. The cost of this treatment, along with travel costs to get to his appointments was included in his compensation claim.

The Outcome for Jason

Jason is still struggling to find work, but we helped him secure £35,000 compensation. This money will help Jason to continue to get treatment for his injuries and start to rebuild his life after his accident.

For free legal advice call our Road Traffic Accident Solicitors

We're happy to help

Monday to Friday 8:30am-7:00pm

0808 239 6443

0808 239 6443

We're happy to call you

Simply click below to arrange a call

Request a Call Back

Request a Callback

This data will only be used by Simpson Millar in accordance with our Privacy Policy for processing your query and for no other purpose

Simpson Millar Solicitors are a national law firm with over 500 staff and offices in Billingham, Bristol, Cardiff, Catterick, Lancaster, Leeds, Liverpool, London and Manchester.