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UK Traffic Accident Claims

In the UK, traffic injury claims account for the vast majority of personal injury claims. However, no two traffic accident claims in the UK are the same – even when the injuries sustained are identical – due to the way in which the consequences of an accident and injury affect individual. Therefore, if you, or somebody close to you, have suffered an injury in a traffic accident for which you were not totally at fault, speak with an experienced traffic accident claims solicitor on our freephone helpline for practical help about make traffic accident claims in the UK.

Driver to Receive Compensation for PTSD following a Car Crash

June 9, 2016

An injured driver is to receive £30,000 compensation for PTSD following a car crash after being told his claim was likely to be worth little more than £3,000.

Fifty-year-old Warren Smith from Lancashire suffered head, chest and back injuries when he was involved in a head-on collision with another vehicle travelling on the wrong side of the A671 between Burnley and Rochdale on March 8th, 2012.

The negligent driver responsible for causing the head-on collision died in the accident, and Warren later developed Post Traumatic Stress Disorder (PTSD) and depression due to the emotional trauma he had suffered at the time of the accident.

Warren lost his job as a contracts manager as he was unable to drive the long distances required to fulfil his duties. He subsequently sought legal advice in order to claim compensation, but his psychological injuries were disregarded and Warren was told that the value of his claim was little more than £3,000.

Fortunately Warren sought a second legal opinion and, once the consequences of his emotional trauma were taken into account, the suggested value of his claim rose considerably. Warren claimed compensation for PTSD following a car crash and his claim was recently settled for £30,000.

Warren still suffers from the emotional trauma of the fatal head-on collision, and the settlement of compensation for PTSD following a car crash will go towards the cost of continuing his therapy and rehabilitation. Warren told his local newspaper:

“People should not underestimate the consequences of car accidents and I am lucky to be alive. I am still haunted by the events of that day and my injuries are a constant reminder of the fact that someone died in the crash. But I am incredibly relieved that I now have access to the care and support that I need to move forward with my life.”

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Judge Awards Compensation for Serious Injuries in an Antrim Car Crash

May 18, 2016

A judge has awarded a former world-class competitive sailor compensation for serious injuries in an Antrim car crash after a hearing at Laganside High Court.

In July 2012, twenty-nine year old Rosie Sands from Exmouth in Devon had been invited to stay with some friends of her family in Northern Ireland after having just competed in the World Sailing Championships. Also invited to stay was a long-time friend of Rosie´s – Michelle Hulford from Luton.

The party of friends had just picked up Michelle from the airport, and were driving home along the A57, when their car was involved in head-on collision with a jeep and trailer just outside the town of Doagh. Michelle (21) was killed in the collision, while Rosie and the other occupants of the car were taken to hospital with multiple injuries.

On her discharge from hospital – where she was treated for back shoulder and abdomen injuries – Rosie claimed compensation for serious injuries in an Antrim car crash. In her legal action, she claimed that the flashbacks and nightmares she continued to suffer had resulted in a diagnosis of Post Traumatic Stress Disorder.

The driver of the jeep responsible for causing the accident – Stephen Hamilton – admitted liability for Rosie´s injuries; but the two parties could not agree on a settlement of compensation for serious injuries in an Antrim car crash, and the case was sent to the Laganside High Court in Belfast where it was heard by Mr Justice Adrian Colton.

At the hearing, Judge Colton was told the Rosie´s life had changed “irrevocably” after the accident. The judge heard how, due to her injuries, Rosie was unable to complete her honours degree at Bath Spa University or continue to sail competitively, and that she had to abandon plans to join the Navy or RAF.

After commenting that Rosie had been a “honest, understated, stoical and admirable” witness, Judge Colton awarded her £464,655 compensation for serious injuries in an Antrim car crash to account for her physical and psychological injuries, the cost of her treatment and future loss of income.

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Translink Pays Out Almost £2 Million Bus Accident Compensation in Five Years

February 8, 2016

Northern Ireland´s public transport company – Translink – paid out £1,948,000 bus accident compensation between April 2010 and April 2015.

Translink is the operator of the Ulsterbus, Citybus, Metro and Goldlink bus services and the NI Railway. Between April 2010 and April 2015, the provinces transport operator paid out almost £2 million in bus accident compensation to passengers and other road users who had suffered an injury or property damage due to the negligence of its drivers.

The figure of £1,948,000 bus accident compensation was released by Regional Development Minister Michelle McIlveen in response to an Assembly question from SDLP MLA John Dallat. Mr Dallat – who sits on the Northern Ireland regional development committee – commented that the amount of bus accident compensation was “horrendous”.

Despite Translink issuing a statement in which it said the company was committed to delivering the highest safety standards, Mr Dallat said that the board needed to implement measures that would avoid situations which led to payouts, and also review its policy on defending claims for bus accident compensation made against Translink.

News of how much bus accident compensation the company has paid out come just months after unions warned that budget cuts were having a “devastating impact” on public safety. £13m of cutbacks were made by the Department for Regional Development during the last financial year – a year in which Translink recorded the worst operating losses in its history (£8.4 million).

A Translink spokesperson said: “It is important to put some context around these figures which cover a five-year period. The level of compensation paid out is less than 0.5% of our annual revenue, and more importantly, Translink’s annual level of compensation is also amongst the lowest paid out when benchmarked against other UK operators”.

He continued by saying “We carry around 80 million passenger journeys every year and their safety is a top priority for everyone at Translink. We are committed to maintaining our high safety standards across the business and have comprehensive procedures in place to fully and thoroughly investigate all claims.”

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Judge Approves Settlement of Lorry Accident Compensation

January 27, 2016

A judge at the High Court in Dublin has approved a settlement of lorry accident compensation in favour of a man who was brain damaged in the collision.

On 27th January 2009, Francis Smith (then eighteen years of age) was driving near Edgeworthstown in County Longford, when he had to take evasive action to avoid a car heading towards him. As he swerved to miss the car, Francis ran into the back of a stationary council lorry that was parked by a set of roadworks.

Francis, who had a good job in a local factory at the time, suffered a traumatic brain injury in the accident – due to which he has cognitive and physical difficulties. He is no longer able to work and is cared for by his mother, Martina Dempsey.

On her son´s behalf, Martina made a claim for lorry accident against Longford County Council – alleging that the accident had occurred due to the council´s negligence. In the legal action, Martina claimed that the council had failed to give adequate warning by means of bollards or warning signs that work was underway, and that there was no flagman in place to warn oncoming traffic.

In the claim for a settlement of lorry accident compensation it was also alleged that the manner in which the lorry had been parked on the exit of a bend made it a danger to other road users. Longford County Council denied its responsibility for Francis´ devastating injuries, and said that Francis had significantly contributed to the cause of the accident by driving too fast into the bend in the road.

At the High Court, Mr Justice Kevin Cross was told that a settlement of lorry accident compensation amounting to €750,000 had been agreed between the two parties. After noting that the settlement of lorry accident compensation represented 25% of the full value of the claim, Judge Cross said that it was a good one in the circumstances.

The judge approved the settlement of lorry accident compensation and wished Francis all the best for the future.

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Compensation for Injuries in a Cycling Accident Approved

November 17, 2015

The High Court has approved a settlement of compensation for injuries in a cycling accident in favour of a former journalist injured on her way to work.

On 4th November 2011, Mary Bowers (31) – a journalist for The Times – was cycling to work at the News International building in Wapping, East London. As she stopped at a red light on Dock Street – 90 metres from her workplace – a 33 tonne lorry pulled up behind her. Unfortunately, the driver of the lorry – Petre Beiu – was distracted by a mobile phone call and failed to engage the handbrake.

As Mary waited for the lights to change, the lorry rolled over her – causing Mary to suffer a severe brain injury, two broken legs, a severed artery, a punctured lung, a broken arm and a broken pelvis. Emergency services arrived at the scene within minutes, but Mary fell into a coma. She is now only minimally conscious and reside in a rehabilitation unit in Brentwood, Essex.

Following a police investigation, Beiu was found guilty of careless driving, fined £2,700 and disqualified from driving for eight months. Following Beiu´s conviction at Snaresbrook Crown Court in December 2012, Mary´s father – Peter – claimed compensation for injuries in a cycling accident on behalf of his critically injured daughter.

At the High Court in London, Mr Justice Supperstone heard how Mary was a bright and intelligent woman with a promising career at The Times ahead of her. The judge also heard that, on the day of the accident, Mary had been wearing a cycling helmet and a high-visibility jacket, and that she had remained in a designated cycling lane before moving into the cyclist stopping box at the traffic lights.

The judge was told that the undisclosed settlement of compensation for injuries in a cycling accident – funded by Beiu´s insurance company – would be used to move Mary into a private bungalow and to provide lifelong care and therapy. Judge Supperstone said that he had no hesitation in approving the settlement.

Speaking after the approval hearing, Peter Bowers told his local newspaper: “The impact of Mary’s injuries has been devastating to her – her career was flourishing and she had her whole life ahead of her. We are relieved that now she will have access to vital funds which will help go toward specialist treatment to help and support her through her ongoing rehabilitation.”

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High Court Approves Settlement of Motorbike Crash Injury Compensation Claim

November 7, 2015

The High Court has approved the settlement of a motorbike crash injury compensation claim made on behalf of a catastrophically injured motorcyclist.

Forty-eight year old Anthony Royle and his pillion passenger were riding along the A54 near Chester on 20th September 2012, when they approached a stationary row of traffic. Anthony continued travelling at 60mph as he started overtaking the row of traffic, but he failed to notice the protruding ploughshare attachment on a tractor that was turning into a field.

Anthony and his pillion passenger met the ploughshare attachment at head height, and both were knocked unconscious due to the impact. Anthony´s bike continued a further 150 metres down the road before coming to rest on the grass verge.

As a result of the accident, Anthony suffered a catastrophic brain injury. He has significant permanent disabilities and will never be able to lead an independent life. On his behalf, a motorbike crash injury compensation claim was made against the owners of the farm to which the tractor belonged – GA and S Broster and Son.

It was alleged in the claim that the tractor was being driven by a seventeen-year-old farm employee; who, although he had a license to drive the tractor, did not have sufficient experience to manoeuvre the attachment safely – which had been across the white line in the road at the time Anthony had driven into it.

Liability was admitted by the farm owners, but their solicitors argued that Anthony had contributed to his injury by failing to give the tractor a wide berth when overtaking it. A compromise settlement of the motorbike crash injury compensation claim was negotiated that will Anthony with the care he needs for the rest of his life.

As the motorbike crash injury compensation claim was made on Anthony´s behalf, the settlement package had to be approved by a judge to make sure it was in his best interests. Consequently, at the High Court in London, Mr Justice Jay was told the circumstances of Anthony´s accident and the settlement package of compensation that was being proposed.

Approving the settlement, the judge said that, bearing in mind all the factors and the possibility of being considered partially responsible for his injuries, the settlement could have been better, but it could also have been worse.

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Claim for a Car Crash Traumatic Brain Injury Resolved in Court

October 21, 2015

A young man´s claim for a car crash traumatic brain injury has been resolved at the High Court with the approval of a £4.3 million compensation settlement.

In March 2009, seventeen-year-old Jack Mitchell from South London was the front seat passenger in a friend´s Fiat Punto, when the friend swerved his car to avoid hitting an animal and crashed. Jack sustained multiple injuries in the crash, and was taken to hospital where he was diagnosed with a broken leg, severe lacerations to his head and a traumatic brain injury.

Jack remained in hospital for three months before being transferred to a rehabilitation unit. However, his treatment at the rehabilitation unit lasted only three weeks before he was discharged.  Due to the lack of sufficient rehabilitation treatment, Jack has significant concentration problems and behavioural difficulties and he suffers from extreme fatigue.

Through his mother – Frances Mitchell – Jack made a claim for a car crash traumatic brain injury against the driver of the Fiat Punto. In his legal action, Jack alleged that the negligent manoeuvre by his friend was responsible for his injury. Liability was conceded by the driver´s insurance company, but Jack´s family were followed by agents of the insurance company while the settlement of the claim was being negotiated.

Ultimately, a settlement of the claim for a car crash traumatic brain injury was agreed, which consists of an immediate lump sum and annual tax-free, index-linked payments for the remainder of Jack´s life. The total value of the settlement is estimated at £4.3 million and, as the claim was made on behalf of a claimant unable to represent themselves, the case went to the High Court in London so it could be approved by a judge.

At the High Court, Mrs Justice Whipple heard the circumstances of the accident and that Jack is now living in a residential rehabilitation centre in Banstead, Surrey. The judge approved the structured settlement of the claim for a car crash traumatic brain injury and paid tribute to Jack´s family for the care and support they had provided for him over the past six years. Mrs Justice Whipple then closed the hearing and wished Jack all the best for the future.

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Solicitors Instructed to Pursue Compensation for an Injured Lorry Driver

August 11, 2015

Solicitors have been instructed to pursue compensation for an injured lorry driver who was badly hurt after helping a transit van driver pass his vehicle.

HGV driver John Finney (42) – from Harthill in South Yorkshire – was making a delivery to the Station Hotel in Finningley near Doncaster when, in April 2015, he interrupted his delivery to help a transit van driver manoeuvre passed his vehicle and into the hotel car park.

When he was satisfied that the transit van had cleared his lorry, John returned to unloading his HGV and started lowering the tail-lift. While he was focusing on the tail-lift, the transit van drove into John – pinning him against the tail-lift and then dragging him along its solid edge.

John was rushed to by ambulance to Doncaster Royal Infirmary suffering from back, leg and rib injuries. He remained in intensive care for eleven days and underwent two surgeries to remove his appendix and part of his bowel before being discharged.

John is still recovering from his injuries and has been unable to work since the accident. He is unlikely ever to enjoy his previous hobbies of keep-fit and motor cycling and finds everyday events difficult because of his ongoing pain – such as eating dinner with his family.

The van driver responsible for John´s accident was given seven penalty points and fined for his negligence. John then instructed solicitors to commence legal action and pursue compensation for an injured lorry driver to account for his pain and suffering, his loss of income and the cost of rehabilitation.

Speaking about his claim for compensation for an injured lorry driver, John said: “This incident has had a huge impact on my life as I can no longer do the things I have always enjoyed. I loved to keep fit and take part in charity walks, but I know that for the time-being those activities are a distant memory for me. I hope by speaking out it makes drivers think carefully about how they drive in future.”

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Settlement of Compensation for a Brain Injury in a Car Crash Approved in Court

July 30, 2015

A multi-million pounds settlement of compensation for a brain injury in a car crash in favour of a twenty-one man has been approved in the High Court.

On 7th August 2010, Josh Humphrey (16) from Bognor Regis in West Sussex was a passenger in a car that was involved in a head-on crash with a lorry on the A272 Billingshurst Road. Josh was airlifted to hospital with a traumatic brain injury, while one of the other passengers in the crumpled vehicle – Kirsty Hicks (16) from Slinford in West Sussex – died six days later from her injuries.

Josh received treatment for his traumatic brain injury at several different hospitals and rehabilitation centres over the next few months, before being discharged to live with his parents in a specially adapted bungalow. The driver of the car – Laura Stocker (18) – was charged with causing death by careless driving and given a suspended custodial sentence the following February at Chichester Crown Court.

Josh´s mother – Steph Humphrey – claimed compensation for a brain injury in a car crash against Stocker on her son´s behalf; and, as Stocker had been convicted for causing the crash, her insurance company admitted liability for Josh´s injuries quickly. Nonetheless, it took several years before an acceptable settlement of compensation could be agreed upon.

As Josh had been a legal minor at the time the claim was made on his behalf, the settlement of compensation for a brain injury in a car crash – believed to consist of a seven-figure lump sum payments and annual payments thereafter – had to be approved by a court to ensure that it was in Josh´s best interests.

Consequently, earlier this week, the circumstances of the car crash, Josh´s brain injury and the settlement of the claim were heard at the High Court. The settlement of compensation for a brain injury in a car crash was approved; after which Steph Humphrey had this to say to her local press: “We are grateful this aspect is now over. Nothing will take away Josh’s terrible difficulties but at least we no longer have the huge financial worries that arise as a result of brain injury.”

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Driver Receives Compensation for Soft Tissue Injuries in a Car Crash

June 3, 2015

A thirty-seven year old man from Saltash in Cornwall has received an undisclosed settlement of compensation for soft tissue injuries in a car crash.

In April 2013, Nick Brancher was driving eastbound along the A38 near Bodmin after dropping his nine-year-old daughter off at school, when he was involved in a head-on collision with a car travelling in the opposite direction.

The driver responsible for causing the road traffic accident had swerved across from the westbound carriageway and had hit two other vehicles before crashing head-on at 50mph into Nick´s seven-seater people carrier.

Nick suffered a fracture to his left elbow and extensive soft tissue injuries to his ribs, neck and back. Although he was able to return to work as a maintenance team leader two days after the accident, he was only able to perform light duties.

The full extent of Nick´s soft tissues injuries did not manifest for two weeks, after which he sought legal advice through his union representative and made a claim for compensation for soft tissue injuries in a car crash.

In his claim, Nick said that he could only work flexible hours and on light duties until he had recovered sufficiently to resume his normal role. He also alleged that his injuries prevented him for pursuing his hobbies of Ju Jitsu, climbing, kayaking and cycling for several months.

Liability for Nick´s accident and injuries was admitted by the negligent driver´s insurance company, and an undisclosed settlement of Nick´s claim for compensation for soft tissue injuries in a car crash was negotiated without the need for court action.

Speaking after his claim had been resolved, Nick told his local press: “The other driver had lost control and hit two other cars before we collided head-on, it all happened so fast. I‘m just very grateful my daughter wasn’t in the vehicle with me”.

Rob Miguel – the regional officer at Unite’s Plymouth office who assisted Nick with his claim for compensation for soft tissue injuries in a car crash – said: “Our member sustained a series of injuries because a driver wasn’t concentrating. The level of injuries could have been far worse, but nevertheless the accident was still a serious one and went on to affect our member’s life for months after the crash”.

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Judge Awards Compensation for an Injured Motorbike Passenger

April 24, 2015

A judge has given a negligent motorcyclist a two-year suspended sentence and ordered him to pay £2,000 compensation for an injured motorbike passenger.

On 8th March 2015, Mark Holmes from Slaithwaite in West Yorkshire had just finished his shift as a barman in the town´s Commercial pub when he offered one of the pub´s customers – Joshua Pierce – a lift home on the back of his motorbike.

Joshua accepted and Holmes gave him a high visibility jacket and his helmet to wear. However, as Holmes sped away from the pub, he turned into the main Manchester Road at speed without looking, and crashed into a Honda travelling along the road.

Holmes sustained a head injury in the accident due to not wearing a crash helmet. Joshua was hit side on, and fractured his right femur and broke his pelvis. Joshua was taken to the Leeds General Infirmary, where he underwent an eleven-hour operation to reconstruct his leg.

The police investigated the accident and found that Holmes only had a provisional driving licence which did not allow him to carry passengers on his 125cc motorbike. He was prosecuted for causing injury by dangerous driving and his case was heard at Leeds Crown Court.

At the hearing, Holmes pled guilty to the charges of causing injury by dangerous driving and for failing to ride his motorbike in accordance with his provisional licence. He acknowledged before Judge Sally Cahill that the offer of a lift on the pillion of his motorcycle was both foolish and stupid.

Judge Cahill was told by Holmes´ barrister that he had previously led a responsible life and had not been drinking on the night of the accident. Judge Cahill gave Holmes a two-year suspended sentence, ordered him to do 200 hours community service and disqualified him from driving for a year. She also told Holmes that he would have to pay £2,000 compensation for an injured motorbike passenger to Joshua.

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Settlement of Injury Claim for Bike Accident Abroad Approved in Court

November 22, 2013

A motorcyclist, who was left in a coma after a collision with a tractor in Germany, has had the settlement of his injury claim for a bike accident abroad approved at Birmingham High Court.

The motorcyclist – thirty-nine year old Shane Booth from Solihull in the West Midlands – was on a biking holiday in Germany, and returning to his accommodation in Baden-Baden, when the accident occurred in August 2009.

As Shane and a colleague were driving down the B500 Schwarzwaldhochstrasse from the Nurburgh Ring, a tractor turned left immediately across Shane´s path – leaving him nowhere to go except straight into the side of the tractor.

Shane suffered severe brain damage, internal injuries and multiple fractures in the collision and remained in a coma in a German hospital for several weeks before regaining consciousness and being flown back to Coventry Hospital to continue his recovery.

As soon as he was well enough, he was transferred to Leamington Spa Rehabilitation Hospital, where he underwent an intensive rehabilitation program to help him recover his speech and to help him learn to walk again.

Shane made an injury claim for a bike accident abroad against the driver of the tractor – who a police investigation had found responsible for causing the accident and who was convicted of causing bodily harm by negligence.

With liability not in doubt, the only issue that had to be resolved was to ensure that Shane received sufficient compensation to cover his medical costs, the value of his personal injury and the loss of earnings the former IBM sales director sustained.

A figure of £6.1 million was agreed in settlement of Shane´s injury claim for a bike accident abroad and last week the settlement was approved by Birmingham High Court. Shane said after the court hearing “While I do get frustrated with needing support to do simple tasks, looking back at pictures of me, I recognise how extremely lucky I am to even be alive”.

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Smaller Compensation Claims for Personal Injuries to be Settled Quicker

August 5, 2013

Smaller compensation claims for personal injuries are to be settled quicker following reforms introduced by the Legal Aid, Sentencing & Punishment of Offenders Act which came into place on 1st August 2013.

The new Civil Procedure Rules governing court action in England and Wales have been amended in order to reduce the time it takes to settle personal injury claims with a value of up to £25,000 when a single party is responsible for an injury occurring and liability is admitted by their insurance company.

Not all compensation claims for personal injuries fall under the new rules – for example, claims for medical negligence still have to go through a lengthy process – but most claims for personal injuries in road traffic accidents, personal injuries sustained in an accident at work and those acquired in a place of public access (public liability claims) should be settled up to three months quicker than previously.

The reforms are being applied to the Ministry of Justice´s “claims portal” – a database on which solicitors register their clients´ claims – and whereas previously insurance companies could take twenty-one days to acknowledge receipt of a solicitor´s “Letter of Claim”, they now have to act within 24 hours.

Furthermore, insurance companies could previously take 90 days before informing a solicitor whether or not they accepted their policyholder´s responsibility for an accident and injury. They are now allowed only 30 days in the case of claims for personal injuries in road traffic accidents and public liability claims, and 40 days when a claimant has suffered an injury at work due to their employer´s negligence.

Should insurance companies fail to adhere to the new regulations, the claim will be removed from the Ministry of Justice´s claims portal and any increase in costs will have to be assumed by the insurance company irrespective of whether they successfully defend the claim or not.

The new rules apply to compensation claims for personal injuries in which an injury has been diagnosed on or after the 1st August, and only apply to injuries sustained in England and Wales that the claimant was not partly responsible for due to their own lack of care. Further exclusions apply to the reforms applied to compensation claims for personal injuries and therefore it is always in your best interests to discuss the nature of your accident and injury with a solicitor at the first moment possible.

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Woman to Receive Compensation for Catastrophic Injuries in a Motorbike Accident

July 20, 2013

A Brazilian woman is to receive £7 million compensation for catastrophic injuries in a motorbike accident after a hearing at London´s High Court.

Barbara Oliva from Sao Paulo in Brazil was sightseeing London with her husband – Andre – as part of an extended honeymoon in 2008, when a car erratically driven by Yusef Mahmoud, of Southwark, London, hit their Honda while they were driving down the Embankment and knocked Barbara from the bike.

Despite wearing a crash helmet, Barbara suffered severe brain damage – due to which she can no longer walk and has difficulty communicating – and had to return to Brazil where she is now cared for by her mother. Barbara and Andre separated shortly after the accident.

Through her mother, Barbara (26) made a claim for compensation for catastrophic injuries in a motorbike accident against Mahmoud – who had been found guilty of causing the accident by reckless driving.

Mahmoud´s insurance company accepted liability for Barbara´s injuries and made several interim payments of compensation to her family; however, at the High Court in London, Mr Justice Lewis was told that a final settlement of compensation for catastrophic injuries in a motorbike accident had now been agreed upon.

Approving the settlement, Mt Justice Lewis said that the amount of £7 million was just and reasonable in the circumstances, and the judge also praised Barbara´s mother – Edna – for the care she had provided for her daughter since the tragic accident.

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Appeal Courts Rules Council Liable in Claim for Pothole Accident Injuries

May 4, 2013

The Appeal Court in London has ruled that Devon County Council should accept 50 percent liability in a claim for pothole accident injuries due to their failure to inspect the condition of a rural road.

The accident which initiated the hearing occurred in November 2006, when the driver of a Land Rover – identified only as “TR” – hit an 8cm deep pothole on the C-25 between Honiton and Smeatharpe while overtaking a slower-moving vehicle. As the driver of the Land Rover tried to regain control of his car, the Land Rover swerved across the road and crashed into a line of trees – seriously injuring two of the vehicle´s passengers.

The passenger´s claims for injuries from a pothole accident were settled soon after, but the driver of the Land Rover claimed that he should not have to accept full responsibility for the accident, and took Devon County Council to court in April 2012.

At the High Court, Mrs Justice Slade heard that Devon County Council had implemented a six-monthly inspection schedule of a road that was used by heavy goods lorries and farm vehicles without conducting a risk assessment, and she ruled that the council was in breach of its duty of care to adequately inspect and maintain the road contrary to the Code of Practice for Highway Maintenance Management (2005).

The council appealed the decision – which left them liable to settle the £4.25 million claim for pothole accident injuries – and, at the Appeal Court in London, Lord Justice Hughes ruled that, although Mrs Justice Slade´s original verdict was correct, the driver of the Land Rover – “TR” – should share half the responsibility for the tragedy and his insurance company be 50 percent liable for settling the claims for injuries from a pothole accident.

Lord Hughes´ reasoning was that the 8cm pothole in the road was “there to be seen” and he said that “TR”´s error in not seeing and avoiding the pothole contributed to the accident. “Although the error may have been one which many might make”, he said “it amounted to a significant failure to keep a proper lookout and to manage the car correctly; it had terrible consequences. In my view, the only proper finding was that there was contributory negligence to the extent of 50 percent”.

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Compensation for a Postman Knocked off a Bicycle Awarded against Royal Mail

April 29, 2013

A Royal Mail employee has won a claim for compensation for a postman knocked off a bicycle against his own employers.  

The employee – David Thompson (62) from Leeds in West Yorkshire – was cycling home from work after completing a night shift at the Leeds Mail Centre in December 2011, when he was knocked off his bicycle by own of his employer´s own vans.

David was taken by ambulance to hospital where he was treated for injuries to his ribs, chest, thigh and the lumbar region of his spine. He was away from work for two months, during which time he slept in a downstairs chair because it was more comfortable for him.

When he returned to work in January 2012, David was only able to perform light duties while he continued to recover from his injuries and, because he had lost his confidence to ride his bicycle, had to use public transport to get to and from work.

After seeking legal advice from his union representative, David made a claim for compensation for a postman knocked off a bicycle against the Royal Mail who, after an internal investigation, admitted liability for David´s injuries and settled his claim for £7,300.

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Child Traffic Injury Compensation Claim Settled for 17,500 Euros

December 12, 2011

A 6 year old child, who was left with a permanent scar after being hit by a van in the street, has had his child traffic injury compensation claim settled for 17,500 Euros.

Warren Lavelle (6) of Tallaght, Dublin, was just three years of age when he was knocked over by a van while playing in the street near his home. Warren suffered head injuries as a result of the incident which left him with a permanent scar.

The driver of the van, John Connors – also of Tallaght, Dublin – admitted responsibility for Warren´s injuries and, at Dublin´s Circuit Civil Court, Judge Jacqueline Linnane was told that a 17,500 Euros settlement for Warren´s child traffic injury compensation claim had been agreed.

As is standard practice in the Republic of Ireland, all settlements for child injury compensation have to be approved by a judge before payment of compensation can be paid and, after reviewing the case, Judge Jacqueline Linnane approved the settlement.

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Almost £17,000 Bus Accident Compensation Paid

February 28, 2011

Megan Ledden, now aged 14 years, of Glasnevin, Dublin, has been awarded almost £17,000 in bus accident compensation damages at the Circuit Civil Court in a case against the owner of a minibus following an incident where she was struck in the head by a wing mirror.

The incident involving the bus occurred in March 2007 on a pedestrian crossing on Old Finglas Road. Ms Ledden was knocked unconscious after she fell back and her head collided with the floor. She suffered a cut on the right side of her forehead and some bruising on her knee. This resulted in a permanent faint scarring under the hairline on her forehead, although it cannot be seen.

The bus accident compensation settlement was approved by Mr Justice Matthew Deery approved who also awarded legal costs to Ms Ledden.

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Record UK Cyclist Crash Compensation Award for Commonwealth Competitor

September 19, 2010

A record 13.75 million pounds has been awarded in cyclist crash compensation to a former Commonwealth Games cyclist who suffered horrific injuries in a road traffic accident during a training ride in November 1998.

Manny Helmot, now aged 39, from Guernsey, represented the British Crown Dependency in the 1998 Commonwealth Games in Kuala Lumpur, and was looking forward to a promising career which was brought to an abrupt finish when he was struck by a car driven by Dylan Simon, also of Guernsey.

Manny sustained awful injuries in the accident, including the loss of use in his right arm, partial blindness and brain injury. He was 36 weeks in hospital recovering from his injuries, and has since been cared for by his mother, Rose, and her partner, Ken Jordan, in their adapted Guernsey home.

The negligent driver was convicted of dangerous driving and an initial award of 9 million pounds was made to him (Manny). However, Rose and Ken felt that this was insufficient to meet Manny’s lifelong needs and, at the Guernsey Court of Appeal, Judge Jonathon Sumption concurred.

By telling Simon’s insurers, Tradex, to pay a further 4.75 million pounds, the previous UK record compensation award of 11 million pounds – made earlier this year to a road traffic accident victim in Wolverhampton – was eclipsed.

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RTA Compensation for Student Nurse set at 1 Million Pounds

September 5, 2010

A nursing student, who was knocked from her motorcycle as she was on her way to her first night shift, has been compensated for the loss of her leg in the accident.

Lisa Bennett, 43, of Upper Parkstone, Dorset was a second year nursing degree student when the accident happened in December 2004. She was riding her motorcycle to St. Ann’s Hospital, Bournemouth when hit by a car, suffering awful injuries to her right leg, a fractured spine, broken ribs and a broken shoulder.

Surgeons at the hospital could not save her leg, and it was initially amputated below the knee before four more similar operations were needed to control post-operative infections. The mother of a son – who was twelve years of age at the time of the accident – has since been given a prosthetic limb, but still suffers severe pain due the nerve damage sustained in the accident and regularly relies on a wheelchair.

The driver of the car admitted liability, and an initial out of court RTA compensation settlement of 1 million pounds was agreed between Lisa’s legal representatives and the negligent party’s solicitor. However, this was subsequently reduced by 20% as it was alleged by the negligent driver that Lisa had a faulty headlamp on her motorcycle at the time of the accident.

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