Pedestrian awarded £65,000 after being knocked over on a crossing
21 July 2021
The stress and anxiety caused by the accident contributed to a serious stroke, which prematurely ended our client’s career.
Our client, Mr A was a pedestrian who was hit by a car on his way home from work. He had been crossing the road to get to a taxi rank when the driver of a car failed to spot him as he crossed. He had been hit when he was at or near the centre white line, so had managed to get about halfway across the road when he was hit.
He was struck by a 4x4 vehicle and although he was hit at an angle and fortunately not at full force, he was thrown into the air, landing on his head, neck and back.
He had a cut to the back of his head and was deeply shocked by the incident. He was fortunate that members of the public came to his assistance and got him out of the road.
He was shocked and disorientated and taken to hospital by ambulance for treatment.
He was found to have suffered a knee ligament rupture as well as his various cuts and bruises but he was lucky not to have suffered a more serious injury. He found the whole experience understandably distressing.
At the time of the accident, Mr A was 60 years old. He was working in a high pressure job, but one which he loved. He had suffered with stress and anxiety in the past but had always been able to hold down his job.
He was unable to return to work after the accident as a result of his injuries. The injuries also severely interfered with Mr A’s home life. He had been the carer for his elderly mother. He could no longer provide that assistance and that caused him further distress. He had to rely on alternative assistance for her care.
Around 3 months after the accident and before he was due to return to work, Mr A suffered a serious stroke. It led to a lengthy period of hospitalisation and rehabilitation so he could relearn functional skills, such as walking, talking and performing household activities and tasks. Whilst Mr A made a reasonable recovery he was left with some cognitive impairments. He was not able to return to work and took medical retirement 5 years early.
How we helped
Mr A instructed Co-op Legal Services to help and his case was assigned to Senior Personal Injury Solicitor, Jason Harries. Jason presented a claim on Mr A’s behalf against the driver and their insurer.
There was initially a dispute on who was at fault for the accident, with the driver alleging Mr A was responsible for causing the accident. Court papers were drafted and expert medical opinion was obtained, so that Court proceedings could be issued.
Co-op Legal Services obtained expert opinions on Mr A’s injuries, from a consultant orthopaedic surgeon, a vascular surgeon, a stroke physician and a psychologist.
The experts provided written reports for the injuries Mr A sustained. From these reports, we were able to show that the accident, and the stress and anxiety it caused, had likely contributed to the stroke which ended Mr A’s career.
That medical opinion was disputed by the driver’s insurers, who continued to deny liability.
Our Personal Injury Solicitors visited the scene of the accident and arranged for photographic evidence to be obtained. They also took detailed statements from witnesses and gathered all of the evidence needed to calculate the potential value of Mr A’s claim. Court proceedings were issued and preliminary hearings attended, where the arguments were set out around how the accident had contributed towards the stroke.
Mr A was advised by our personal injury team throughout the claim. We also obtained a barrister’s opinion on the valuation of the claim and held conference calls with Mr A and the medical experts, so that detailed advice could be given.
In light of this evidence, and following our negotiations with the insurers, a compensation settlement of £65,000 was paid to Mr A to reflect the injury suffered and his lost opportunity to work.