Case Study: £125,000 Compensation for Pedestrian Knocked Down by Car

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Susan Vanden

Partner, Road Traffic Accident Technical Manager

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A Pedestrian Accident Claim Case Study – Client Situation

We managed to secure £125,000 in compensation for a pedestrian who was knocked down by a car. Pedestrians are some of the most vulnerable on UK roads and since the pandemic, walking has increased in England and Wales. Although at the time of  the pandemic there was an unprecedented  surge for getting out into the fresh air and walking, 7 out of 10 UK individuals still choose walking over other methods of transport.

Our client, H, was crossing a side junction when an approaching car turned into the side road and collided with him. The driver of the car had lost control of the car as they had entered the side road on the wrong side of the road. H was thrown up into the air and landed heavily, injuring him quite severely.

Liability (fault) was initially disputed by the car driver’s insurer but after successfully investigating and proving that the defendant was negligent, liability was finally admitted.

As a result of the car colliding with H, he sustained multiple injuries, including a serious fracture to his left knee, which would potentially require further surgery in the future. He also sustained soft tissue injuries to his right elbow, right leg and right arm, which caused swelling, bruising and damage to the tissue. Along with that, he also suffered injuries to the right side of his head and neck. 

He had to undergo surgery to treat his knee injury and was forced to endure another operation after developing an infection around the metalwork placed in his left knee.

The accident also had a profound psychological impact on our client, as he began showing symptoms of anxiety and depression.

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How We Helped

The client contacted our Road Accident Solicitors for a free consultation and legal advice. Susan Vanden, our Road Traffic Accident Technical Manager, took on H’s claim and arranged for him to undergo independent medical assessments.

He was examined by a Consultant Orthopaedic and Trauma Surgeon and a Consultant Clinical Psychologist, so that the full extent of his physical and psychological symptoms could be identified. The medical experts’ reports also included details of our client’s medical prognosis and possible future care and treatment needs.

Our client was already experiencing permanent pain in his left knee, as well as restricted movement and stiffness in the joint. It was concluded that our client’s condition would be likely to deteriorate in the future, with pain levels in his left knee increasing and him gradually becoming disabled as his knee function diminished. This would potentially impact on his future career prospects, putting him at a disadvantage on the open labour market.

We approached  insurer  of the car driver, arguing that  at the time of the accident, the driver was driving at excessive speed and in an unsafe manner. This, we stated, meant that they  weren’t keeping  lookout for other road users, including pedestrians.

As a result of the car driver failing to observe our client’s presence on the side road, and not giving him priority as he had already started crossing, he was seriously injured.

Fortunately, the driver of the car admitted liability (fault), which meant the road accident claim could be settled without going to Court.

The Outcome

The claim was settled with our client receiving a total of £125,000 compensation. This amount was calculated to cover his long-term financial losses which will give him the means to access the care and rehabilitation support he needs, including future knee replacement surgery and subsequent revision surgeries.

How Simpson Millar Can Help you 

Our experienced team of Personal Injury Lawyers can help you to get the compensation you deserve if you’ve been injured in a road traffic accident. We've spent years helping clients and their families get the compensation, rehabilitation and support they need when they or their family have been hurt or killed in a road traffic accident. Call us on 0808 239 6443 and we will review the circumstances of your accident, and compassionately help you with your situation.

References:

Statista. (n.d.). Cycling Participation in the UK. Retrieved from https://www.statista.com/statistics/899206/cycling-participation-uk/

American Academy of Orthopaedic Surgeons (AAOS). (n.d.). Patellar (Kneecap) Fractures. Retrieved from https://orthoinfo.aaos.org/en/diseases--conditions/patellar-kneecap-fractures/

Johns Hopkins Medicine. (n.d.). Soft Tissue Injuries. Retrieved from https://www.hopkinsmedicine.org/health/conditions-and-diseases/softtissue-injuries

Centers for Disease Control and Prevention (CDC). (n.d.). Smoking and Mental Health. Retrieved from https://www.cdc.gov/tobacco/campaign/tips/diseases/depression-anxiety.html

Chelsea and Westminster Hospital NHS Foundation Trust. (n.d.). Trauma & Orthopaedics. Retrieved from https://www.chelwest.nhs.uk/services/surgery/trauma-orthopaedics

Susan Vanden

Partner, Road Traffic Accident Technical Manager

Areas of Expertise:
Road Traffic Accidents

Susan specialises in managing road traffic accident cases, and mainly represents pedestrians, cyclists, motorcyclists in multi-track cases, as well as clients who have developed chronic pain syndrome and sustained organic injuries.

She also supports junior members of staff across the department.

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