Road Accident Claims

Accident in a residential area

Our client was an eleven year old boy who was hit by a car whilst trying to cross the road in front of a stationary bus. The witnesses said that our client ran or skipped into the road and the driver had no chance to avoid the collision. However the accident happened in a residential area where there were five schools and there had been a media campaign to reduce the speed of cars travelling down residential roads. It was accepted that the accident was partly the claimant’s fault for not looking before stepping into the road. He made a good recovery from his injury – a fractured right ankle – although it ached when he knelt down, and he displayed further symptoms of anxiety. We settled the case for £11,500.

Australian Injured in Road Traffic Collision whilst Visiting London

We acted for Miss C, an 18 year old Australian national who resided in Canada. In July 2006, whilst visiting London, she was a passenger in her friend’s car when it was involved in a collision with a lorry.

Miss C sustained serious injuries including fractures to her back, tibia, clavicle, facial bones and fingers. She was initially treated at Kings College Hospital in London and whilst there, her parents sought out the assistance of Bolt Burdon Kemp, as leaders in the field of personal injury law and requested that we act on her behalf.

Once stabilised, Miss C returned to Canada where she received further treatment. She remained in Canada for one year before returning to Australia to commence her university studies.

Bolt Burdon Kemp coordinated Miss C’s case across three continents. This involved bringing proceedings in the UK, whilst dealing with agencies and experts in both Canada and Australia.

Although Miss C was an entirely innocent victim in the accident, the Defendant’s insurers refused to admit liability and it was not until we issued court proceedings that liability was admitted.

Due to the severity of Miss C’s injuries, it was clear that her case would not settle in the short term as her prognosis was not immediately clear. We did however successfully obtain an early interim payment for Miss C and further interim payments throughout the course of her case to help aid her recovery and ensure that she was able to obtain the very best private medical treatment.

By 2010, Miss C had made a remarkable recovery from her injuries and we successfully concluded her case by recovering damages in the sum of £300,000.00.

Back seat passenger sustains spinal injuries

We acted for a client who was seated in the back of a friend's car which went out of control. The car rolled down an embankment landing on its roof. Our client had to be carried out of the car through the rear window and was taken to hospital by ambulance. Unfortunately she sustained a severe fracture to her spine which required internal fixation with rods and screws. Our client had to wear a back brace for a prolonged period of time and as a result of continuing pain, she underwent further surgery to remove the metal work some 18 months later. The claimant suffered considerable pain and loss of mobility which affected all aspects of her life. The expert evidence indicated that it was likely that she would develop degenerative changes in her spine within 20-30 years, she could only work in a limited capacity and would need assistance if she has children in the future. We secured a settlement of almost £88,000.

Battling with Motor Insurers Bureau

Miss C was a rear seat passenger in a car driven by an uninsured driver. The car was travelling in the bus lane when it skidded in a pool of water, the driver lost control and there was a head on collision with a bus travelling in the opposite direction. The Motor Insurers Bureau (MIB) on behalf of the uninsured driver denied liability, saying that Miss C knew or should have know that the driver was uninsured and so shouldn’t have been travelling with him. The MIB also argued that she was not wearing a seat belt and that she was therefore responsible for her own injuries. Miss C had serious head injuries and could not give any reliable evidence herself about whether or not she knew the driver was uninsured. We obtained statements from her friends and family to show that she probably did not know, and we secured evidence to show that the seat belt was not working. Following negotiations the MIB made an offer, which Miss C accepted, to pay 90% of the award, and paid out £200,000.

Bus driver and motorcyclist to blame for injury

We acted for Mrs A, a cyclist, against two defendants. The defendants were a bus company and a motorcyclist. Our client was simply cycling along when the bus brushed against her causing her to lose her balance and fall from her bike. The motorcyclist then ran over her arm, causing a severe fracture to her elbow. Both defendants denied liability and the case went to trial. We achieved a 100% victory for our client, the blame being apportioned 70% against the bus driver and 30% against the motorcyclist for driving too close behind our client.

Businessman accident stopped him working

Mr T ran a successful business until he had a car accident which caused the back problem that he already had to get worse. He tried to carry on his business but could not do so and had to give up work. He was the sole owner of his limited company. His loss of profit was taken into consideration in his claim and the settlement was £150,000.

Catastrophic injuries for boy on his bicycle

Our client was aged 12 when he cycled from land owned by a local council onto a ‘cycle way’, straight into the path of a moped; he suffered very serious head injuries. Our client’s mother had originally instructed another firm but was dissatisfied with their lack of progress and 7 years later, transferred the case to Bolt Burdon Kemp. We argued that the local council knew that there was a risk of children cycling from their land on to the cycle way and they should have fenced off the land to prevent such accidents happening.

A barrister advised that the claim would not succeed because, with the passage of time, we could not trace witnesses to previous similar accidents. However, we persevered in investigating and ultimately succeeded in obtaining evidence in support of the claim, producing a settlement of liability approved by the court of 70/30 in the Defendant's favour. Before the accident, our client had been a normal school boy who - when he left school - would have gone into a semi-skilled or skilled manual job and enjoyed normal social interaction and family life. The accident meant that instead he suffered a severe head injury, with fractures to the temporal and basal skull and a subarachnoid haemorrhage. He was unconscious for several weeks and had extensive post traumatic amnesia. Although he made a good physical recovery he developed dysexecutive syndrome with very little insight into his predicament. He was unable to plan ahead or to do more than one task at a time, and also suffered from complex partial seizures with loss of consciousness. We contended for a structured life package involving significant amounts of time devoted entirely to leisure pursuits with short periods of work.

The Defendant made a payment into Court of £165,000, which they later increased to £550,000. This was rejected and by negotiation the Defendant's offer was increased to £600,000 (the equivalent of £1.8m on full liability), which was accepted and approved by the Court.

Child injured on a bus

Miss B was a 6 year old passenger on a bus which braked violently. She hit her mouth on the back of the seat in front of her and damaged two teeth. We agreed a settlement of £5,000 which the court approved.

Child passenger of uninsured driver

When he was 9 Tom (not his real name) was a rear seat passenger in a car being driven by a relative who was uninsured. The driver of the car in which he was travelling caused a horrific accident in which passengers in other cars were killed. Four people in his car were injured including Tom who fractured his lower leg. Tom was very good at football and now that he has recovered he is going to football school. He was awarded £7,500 by the court.

Child struck by car

C suffered a head injury when she was struck by a car. She remembered nothing of the accident. Eye witnesses said she had run out into the road without looking. Nevertheless we successfully recovered £5,000.00 for her which was approved by the court.

Cyclist hit by car on wrong side of the road

Mr X suffered serious head injuries when he was knocked off his bicycle by a car driven by the Defendant. Liability was in dispute throughout. His injuries included frontal lobe injuries which resulted in language and communication difficulties and some intellectual impairment. There were no independent eye witnesses to the accident. Our investigations found a tyre mark on the road which showed that the defendant's car was on the wrong side of the road at the time of impact. Following negotiations, the claim settled for £350,000.00, which took into account Mr X's failure to wear a cycle helmet.

Cyclist not wearing a helmet

Mr W suffered very serious head injuries in a road traffic accident when he was knocked off his bicycle by a car being driven in the opposite direction by the defendant. The defendant denied liability, saying that Mr W had turned right across his path, giving him no opportunity to avoid a collision. There were no independent eye witnesses to the accident and, because of his severe head injury, Mr W had no memory of the accident at all. By carefully analysing the damage to the bicycle and the car, the skid marks and the debris on the road we established that the collision had occurred on our client's side of the road, while he was stationary waiting for the defendant to pass and that the defendant was to blame. Mr W, unfortunately, was not wearing a helmet and the defendant argued that he was entirely responsible for his own injuries. We obtained evidence from an independent cycle helmet expert and using calculations to determine the speed of the car, established that because of the speed and position of impact a helmet would not have made a significant difference to Mr W's injuries. The Court approved a settlement of £350,000.00.

Cyclist thrown over handlebars

We at Bolt Burdon Kemp brought a compensation claim for a young woman who was involved in a cycling accident. Our client was cycling to work on a congested London road when a van suddenly crossed her path. She reacted quickly and pulled the brakes hard to avoid a collision and was thrown over the handle bars landing heavily on her chin. She suffered a spiral fracture to her right jaw which had to be surgically fixed. The Claimant had to undergo two operations and a prolonged period of wearing braces on her teeth to correct an open bite that developed as a result of the fracture. Liability was denied as the van driver said that he was edging out waiting to turn right into a drive way when the Claimant saw him, panicked, overreacted and pulled the brake too hard. There was therefore a dispute as to the accident circumstances and unfortunately no independent witnesses. We at Bolt Burdon Kemp obtained £40,000 compensation for our client in this cycling accident.

Elderly Pedestrian

Mrs M was 78 years old and on her way to bingo. She got out of her minicab and was crossing behind it when she was knocked down and suffered injury to her right arm and hip. She needed a lot of ongoing help and we recovered £75,000 for her.

Fatal accident in Paris

We acted for the widow of a Euro Disney site worker who was killed in a road traffic accident in Paris whilst in a van driven by an English driver. We chose to sue in England. It was necessary to liaise with French lawyers as the accident was caused by a motorcyclist insured by a French insurance company. Damages were very substantial as the widow and her child had been deprived of the victim's financial support.

Foreign student hit by car

Our client was a German student studying and working part time in England. She was knocked off her bicycle by a car travelling in the opposite direction. She was 20 years old at the time of the accident and sustained a fracture to her right leg and a severe closed head injury. She was flown home to Germany in a coma from which she recovered consciousness about 4 weeks later. She remained in Germany receiving medical treatment and then rehabilitation and re-training. She had difficulties in organising and planning, an unreliable memory and her language and speech were badly affected. She could not continue with her chosen career as an optician but went on to recover £275,000 in damages, taking into account the German law on payment of medical expenses and rehabilitation.

Road traffic accident causing fractured neck and skull

Our client was involved in a road traffic accident shortly before she was due to go up to university. She suffered a fractured neck and fractured skull. Fortunately she made a good recovery from her injuries and gained her degree. Our client transferred instructions to our firm from a non-specialist firm. Liability was admitted by the Defendant but our client conceded that she was not wearing her seatbelt and agreed a deduction of 20%. Shortly before trial the Defendant made an offer which was close to Counsel's valuation of her claim. We continued to negotiate and the Defendant increased their offer to £61,500.

Ground breaking court decision for injured boy

Our client was a 10 year old boy who cycled across a junction, straight through a give way sign onto the main road. He was struck by a car which was not exceeding the speed limit but we sued the driver and the owner of a car parked on the junction which had blocked our client’s vision at the crucial moment. The court found our client 50% to blame, and established that driving within the speed limit does not exclude negligence against a driver and that parking cars on the corners of junction and impeding visibility is negligent.

Injured whilst running across the road

Our client was 11 when she ran without warning across the Lower Clapton Road in London E5 and was hit by a car travelling well within the speed limit. Our client herself could remember nothing of the accident. The driver stated that moments before the accident he had seen our client running from the other side of the road, and we argued he should have slowed down or sounded his horn. The Court approved a settlement of £5,000.00, taking account of the risks of going to trial.

Injury to Driver

Mr S was a driver involved in a collision with another car. He suffered minor injuries and bruising and post traumatic stress disorder - £10,000.

Last minute settlement for motor cycle courier

Mr B was 16 years old and working as a motorcycle courier. As he was driving his scooter, the door of a parked van opened and to avoid a collision, he was forced onto the opposite carriageway where he was struck by a motorcycle coming in the opposite direction. Mr B sustained catastrophic head and spinal injuries. We sued both the van driver and Mr B's employer, the latter having provided a vehicle which Mr B was too young and untrained to ride, and effectively the means for him to have a serious accident. Days before the liability trial, both Defendants jointly accepted 90% liability for our client’s accident.

Multi million pound award for head injured client

Our client was a market stall trader who sustained a serious brain injury when the van in which he was a front middle seat passenger was in collision with a bus. Our client was not wearing a seatbelt. He was left with difficulties with cognition, memory and frontal executive function and serious psychological, emotional and behavioural problems. He would never be able to work again and required 24 hour care for the rest of his life. The Defendants contended that direct payments were available from the Local Authority and joined the Authority in the proceedings to reduce their liability. The Court approved a 15% reduction for contributory negligence and a net settlement figure of £3.75 million, with no reverse indemnity, thus allowing our client to claim and retain direct payments with a potential value of £1.6m over his lifetime.

Oklahoma resident injured in RTA in England

Our client was an agricultural student at an English college and injured when a passenger in a car. The driver had looked down to change the cassette. Our client's family business was farming hogs. His head injury affected his future career. The Defendant's insurers refused to accept that our client was permanently affected by his injuries and were not prepared to pay what we regarded as an appropriate sum in compensation. We arranged for his parents and the family lawyer to attend court in England to give oral evidence to the judge. The latter was persuaded that our view was correct and awarded substantial damages beating the Defendant's payment into court.

Opening car door causes cycling accident

Our client was cycling when the driver of a parked car opened the door and knocked him off his bike. Our client suffered a major head injury and had to give up work. There were complex issues regarding his future earning capacity. He received £500,000 compensation.

Overcoming an unreliable police report in a road accident claim

Miss K, a young woman of 23, sustained head injuries in a road traffic accident. Her case was that she was at a pedestrian crossing and the defendant driver should have stopped. The driver said she had run out between parked cars and was not on the crossing. Because of our client’s head injury, she did not have a clear memory of the accident. The defendant denied liability and although the police did attend the scene of the accident shortly afterwards, the police accident report contained a number of errors and could not be relied upon to prove what had happened. Witnesses were unco-operative or unreliable in our view, and although two barristers advised that the claim would fail, we persevered. Miss K had sustained a complicated skull fracture but - fortunately - not a significant brain injury. She was slower in her mental information processing and had some problems with attention and concentration but no specific neuropsychological impairments attributable to the accident. The Defendant made an offer to settle the claim for £50,000 which, following negotiation was increased to £56,000 plus costs.

Overtaking accident

Mr H was driving his soft top motor car down a country lane when another car which was attempting to overtake him hit him. Mr H's car turned over and slid along the road for some distance. He sustained a serious degloving injury of his scalp but, miraculously, no brain damage. He was able to return to his former employment after extensive medical treatment and we recovered £110,000 in damages.

Paving stone trip

We acted for Mrs M who tripped over a defective paving stone and broke her hip. We recovered £20,000 compensation for her.

Pedestrian hit by car on pedestrian crossing

Mr S was hit by a car as he was walking to work early one morning. He sustained a severe head injury and was unable to return to work. Liability was disputed until the day of trial when a compromise on liability was agreed and a settlement of £165,000.00 was reached at the court doors.

Pedestrian knocked over by uninsured driver

We acted for Miss Q who was knocked over by a driver who was uninsured. She suffered injury to her neck and back and we recovered £5,000 for her.

Pedestrian struck by car

Ms H was injured when she was struck by a vehicle as she was crossing the road in Islington. She sustained a fracture of the base of the skull on the left side, with a linear fracture going through the lateral margin of the right middle ear cavity. She had an extra-dural haematoma with some bleeding over the surface of the brain. She subsequently suffered with deafness and developed a facial palsy on the left side within a week of the accident. She was unable to return to her career as an IT consultant. A compromise on liability was reached holding Ms H 25% to blame for her accident and the Defendant 75% to blame. We obtained £100,000.00 in compensation for her.

Pedestrian struck by hit and run driver

Mrs G a part time nurse was the victim of a hit-and-run accident as she crossed the road outside her house. The driver of the car was never identified so we brought a claim with the Motor Insurer's Bureau. Mrs G had a permanent disability of leg shortening and limp, total loss of sense of smell and risk of early arthritis. Her previous solicitors advised acceptance of £50,000 in settlement; we negotiated a final settlement of £444,300.

Psychiatric injury following road traffic accident

Our client was involved in a road traffic accident when he was in a head on collision with another car. Miraculously his physical injuries were not so bad and the orthopaedic experts agreed that he had recovered from the soft tissue injuries within a couple of months after the accident. However he did sustain a minor head injury and developed a marked psychological reaction to the accident, (diagnosed as post traumatic stress disorder and post concussional symptoms), leading to cognitive impairment such as poor memory and concentration and poor organisational skills. He left his job as the manager of the family cleaning business soon after the accident as he could not cope with the highly pressured demands of his work. The evidence was that he was incapable of working until about 4 ½ years after the accident and then only part time whilst he also received some occupational rehabilitation to enable him to function in the job market. It was envisaged that he should be capable of resuming his post accident earning capacity by 2013. Had he not had his accident, it was argued that he would have taken over from his father as the managing director of the family business, with a commensurate increase in salary, a point which the Defendants refused to accept.

Responsibility for the accident was admitted by the Defendants fairly early on, and the issue between the parties was the value of the claim. The Claimant’s ongoing psychological treatment meant that a final diagnosis was delayed, but the Defendant offered £25,000 in final settlement. At a without prejudice settlement meeting 3 weeks before trial, the Defendants were persuaded to increase their offer to £185,000, which was accepted plus payment of the Claimant’s legal costs.

Rear end shunt on motorway sliproad

A business man was injured when a car ran in to him on a slip road coming off a motorway. He suffered the symptoms of a whiplash type injury for about 6 months, though he could not afford to take time off work. Liability for the accident was admitted and we settled the claim for him for £2,500.

Rear shunt causing acceleration of pre existing back condition

We acted for a man who was hit in the rear in a road traffic accident while stationary. Liability was admitted shortly after we became involved in the personal injury claim. The claimant had a pre existing back condition and had undergone two serious back operations prior to the road traffic accident. We obtained a report from a spinal surgeon who said that the accident had accelerated his symptoms by 4-5 years. In other words even if the accident had not occurred he would be suffering from the same symptoms as he was post accident because of his pre existing condition; however as a result of the accident, he was suffering the symptoms 4-5 years earlier than he would have done had the accident not occurred. We obtained £60,000 compensation for our client.

Rear Shunt Road Traffic Accident

We acted for a man who was injured in a road traffic accident. The Defendant collided with the rear of his vehicle. The Claimant suffered a whiplash injury to his neck and back in the road traffic accident initially which later developed into a chronic pain syndrome (fibromyalgia). He also developed depression. At the time of the road traffic accident the Claimant worked in IT as a contractor. He was able to go back to work after the road traffic accident but over time he found it difficult to do his job and he had to have time off work for medical appointments. As a result his contract was not renewed. We at Bolt Burdon Kemp obtained £92,120.75 compensation for our client for his road traffic accident claim.

Road Traffic Accident Claim

Bolt Burdon Kemp acted for the Claimant who was involved in a road traffic accident whilst a passenger on board a London bus . The Claimant was in the process of descending the stairs of a double decker bus when the bus swerved suddenly with force. Our client was thrown from the top deck down the flight of stairs causing her to suffer personal injuries. She sustained a minor head injury, an undisplaced left clavicular fracture and psychological injuries. We at Bolt Burdon Kemp arranged for our client to undergo psychological treatment and obtained an interim payment to pay for this. Fortunately the Claimant did not suffer any loss of earnings. Our client brought a personal injury claim against the bus company for compensation. We at Bolt Burdon Kemp obtained compensation for our client in the sum of £15,000 for her road traffic accident claim.

Man who was involved in a rear shunt road traffic accident

We acted for a man who was involved in a rear shunt road traffic accident. The claimant suffered from whiplash injuries initially in relation to his neck and back. He later developed chronic pain syndrome. The Claimant had a claim for loss of earnings, care and assistance, travel expenses and medication costs among some other minor things. Bolt Burdon Kemp obtained compensation in the sum of £130,000 for our client.

Mr M

Serious whiplash

Ms S was in a car involved in a collision with another vehicle. She suffered a whiplash injury. At first it was thought that she would make a recovery within a few months but as time went on it became apparent that the injury would have a permanent effect and she had to undergo several operations including spinal fusion. We took this case over from other solicitors who had advised that settlement would be appropriate in the region of £6,000. We eventually settled the claim at the court door for a six figure sum.

Severe leg injuries for young mother

Our client was involved in a serious road traffic accident when she was a pedestrian, walking with her two young children who she had just collected from school. She was stuck by a car which had itself been struck by another car, emerging from a side road. An admission of liability was obtained from the driver who had initially caused the accident. Our client sustained serious orthopaedic injuries to her leg and suffered psychiatric trauma, and she required a long history of medical treatment from a number of specialists at different hospitals, until a final prognosis could be given. It was felt that she would have permanent problems with the left leg, including painful and degenerative arthritis, and would require at least two operations in the future including a total knee replacement. As a young mother, our client's life was devastated and as part of the claim we arranged an assessment with an occupational therapist to identify adaptations to her home, and aids and equipment to assist her in the future. The case settled for £250,000 plus costs.

Taxi driver off work

Mr A was a London taxi driver who sustained whiplash injury to his neck and shoulder in a road traffic accident, as a result of which he was unable to work for 12 weeks. He had completely recovered within 1 year and was awarded £4,000 in compensation.

Whiplash causing depression and loss of employment

Ms M had a whiplash injury in a road accident. She had a senior job in a local authority and could no longer work at the job she loved. Her symptoms became chronic and she got depressed. The case was settled for £220,000.

Zebra Crossing Accident

Mr B was autistic and lived in a residential home. He was on his way to his day care centre when he was knocked down on a zebra crossing. He suffered minor injuries. Through his brother we recovered £3,500 for him.