Coodes supports Miss A in road traffic accident claim

Thu 19th Sep 2024
A group of friends having their picture taken on a night out.

Tragically, almost 30,000 people are killed or seriously injured in road traffic accidents across the UK each year. While most road traffic accidents are minor, many can cause serious life-changing injuries.

Many who have experienced the terrible toll of a traffic collision are left seeking trusted legal support and compensation. Winning compensation can play an important role in getting their life back on track. It can enable them to access any medical treatment or rehabilitation and offset any loss in income.

Coodes’ Personal Injury team have been supporting clients across the South West for more than 40 years. They have worked with many victims of road traffic accidents and experienced first-hand the devastating impact on victims and families.

David Usher, Associate at Coodes, explores a recent case in which he supported the claimant. The case of Miss A shows the dangers that packed Cornish seaside towns with small one-way roads and lack of pavements can have for pedestrians, especially during the busy summer months.

The case of Miss A

Miss A was significantly injured in a road traffic accident on a night out with university friends during fresher’s week in September 2021.

Given the close proximity to the university, and the fact that it was freshers week, the town was particularly busy on the night in question.

The Cornish seaside town consists of a one-way road that travels up through the middle of a highly pedestrianised street with shops and bars/clubs. The pavement and main street were of identical height.

The client was stood outside of a bar with a group of friends. They were approached by another student who asked if they could take a photograph with one of her friends. The client took one step backwards to avoid the photograph, at all times remaining upon the pavement.

Unbeknown to the client, the defendant was driving up the busy street. Suddenly, and without warning, Miss A was struck by the defendant’s vehicle in the back of the left leg and ankle, sustaining immediate injury.

As a result of the road traffic accident, Miss A sustained significant injury to the left ankle in the form of a Weber C Fracture. At the time of settlement, Miss A was still feeling the adverse effects of the injury. She has been advised there is over a 50% chance she will require full ankle fusion surgery by age forty.

The injury resulted in the client missing significant time from university, causing delays in their qualification. The client was also unable to work in their part-time position for 6-months sustaining a loss of earnings.

Settling a claim for Miss A

David Usher and the team at Coodes supported Miss A in their road traffic accident claim for compensation due to the negligence of the defendant driver. This included seeking damages for both the injuries sustained and the financial losses incurred as a result of the accident.

Initially, liability was stringently denied by the defendant’s insurers. They argued the defendant’s vehicle was stationary at the time of impact. They claimed that Miss A had simply ‘walked’ back into the stationary vehicle of the defendant.

However, during a course of ‘without prejudice discussions’ prior to the commencement of any legal proceedings, the defendant’s insurers admitted that there were risks to their arguments. Therefore, they made a commercial offer to Miss A to settle the claim, which the client accepted after much consideration.

Road traffic accidents

We pride ourselves on providing a sensitive, supportive service and understand winning compensation is only part of the journey. At Coodes, we can help you secure the justice and compensation you deserve. Our teams provide expert, jargon-free legal advice to help you achieve the best possible outcome often operating on a no win, no fee basis.

If you are looking for support with a claim, contact David Usher via email or call 01326 213 031.

Thu 19th Sep 2024

David Usher

Associate

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