Case studies

Damages for victim of early morning collision potentially contributed to by farming contractor

We won substantial damages for a driver after he was seriously injured in a fatal road traffic accident in November 2007 which killed one person and seriously injured several others.

He was hit at speed by an oncoming vehicle while driving to work along a country lane early one morning. As a result of the collision, he sustained a traumatic brain injury, severe multiple facial fractures, the loss of sight in one eye, a reduction in his field of vision in his remaining eye, multiple upper and lower limb fractures and other serious injuries requiring extensive surgery. Our client also suffered psychological injury from the trauma of the accident and has had to take early retirement and give up driving. He needs assistance on a day to day basis.

He appointed us to investigate and pursue his claim for damages. The liability aspects of the claim were unusual in that, while there was no suggestion of any fault on his part as he was stationary at impact, there were arguments about who caused the accident.

Our client instigated his claim against the driver of the vehicle that hit him for driving at excess speed and losing control of his vehicle but there were also arguments against a farming contractor for the state of the country lane, which was covered in mud and crop debris following a late evening harvesting the day before the accident. It was argued that the lane should have been cleared and potentially contributed to the other vehicle losing control and the collision.

We issued proceedings against both potential defendants because of the unresolved liability position given the arguments put forward by both defendants.

Following a detailed investigation and assessment of our client's injuries and their effects, he received a substantial six-figure settlement even though the liability was still unresolved between the defendants. The settlement will not only compensate for his loss of income and allow him to obtain medical treatment, support and therapy but will also enable him to move into a property suitably adapted for his difficulties resulting from the injuries.

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Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority.

Penningtons Manches Cooper LLP