Case Studies
Case Study 1 Road Traffic Accident
JSP was instructed by the driver of a car that was involved in a collision with a vehicle that was proceeding in the opposite direction on a single carriageway road.
The accident occurred on a hidden dip and as a result both parties had an obstructed view of oncoming traffic. X alleged the third party, Y had crossed into his lane and Y made counter allegations that X had in fact strayed into her lane.
Liability remained disputed and the matter proceeded to a split Trial.
Both parties commissioned engineer and reconstruction expert reports.
The engineer for X stated that the location of the impact indicated X had been struck by a vehicle that had strayed into the line of oncoming traffic. Y's engineer disagreed with this opinion stating that the location of impact on both vehicles was inconclusive as to which vehicle had strayed into the path of the oncoming vehicle.
The reconstruction evidence was inconclusive, a pertinent factor being that as neither party had sight of the other vehicle prior to the collision due to the hidden dip and therefore neither had applied their brakes which would have left markings on the road to indicate where each vehicle had been positioned immediately prior to the accident and on first sight of the other vehicle.
At conclusion of the liability Trial the District Judge held that both parties were to bear equal responsibility for the accident and liability was apportioned on a 50/50 basis. Damages were resolved in without the need to proceed to trial in relation to quantum.
Case Study 2 Road Traffic Accident (Pedestrian)
JSP was instructed by a pedestrian who was run over whilst crossing a road at night. He was held to be 50% contributorily negligent for the accident but, nevertheless, recovered £700,000.00 in damages for his injuries and losses.
He suffered a serious injury to the frontal lobes of his brain, which caused severe cognitive, behavioural and emotional deficit. His injury meant that he was unable to look after himself to any worthwhile degree and his damages included a care and brain injury case management package which provided security to He and his family that he would always be looked after in a secure home environment. Damages also covered some adaptations to his home and the cost of some aids and appliances.
Negotiations with the insurers of the responsible driver culminated in the purchase of a structured settlement, which provided an annuity for payment of the care and brain injury case management costs and this arrangement was approved by both the Court and the Public Guardianship Office.
His family commented that the culmination of the case and the implementation of the care regime and structured settlement had dramatically improved the lives of the family as a whole and alleviated their concerns over his future welfare.
Case Study 3 Accidents at Work
Colin suffered an accident at work He sustained a fractured ankle when he tripped over items left in his pathway on his employers’ premises.It was established his employers had failed in their duty to keep the workplace safe, in particular that all traffic routes were kept clear Liability was admitted and Colin was awarded £4000 in compensation