Alex Brown has settled a claim on behalf of a client who suffered serious brain and orthopaedic injuries after they were struck by a private ambulance when crossing a road.
This was a difficult matter as the Claimant was crossing a dual carriageway road with a varying speed limit (20-30mph) and a bus lane. They had crossed in front of static traffic having been indicated across the road by a driver. When they started to cross the second lane of the carriageway, they were struck by the private ambulance which was not responding to an emergency.
There was an argument as to whether both the driver and our client had kept a proper look out and whether the accident could have been avoided if either had taken more care. Cases of this nature are often difficult because they raise complex questions in regard to contributory negligence (were both parties at fault to some degree) but the starting point is that a driver of a vehicle owes a higher standard of care to a pedestrian because the vehicle will cause far more damage to a person.
The Defendant refused to state their position regarding liability despite indications from the police report that the ambulance had been going too fast as the police had failed to take a statement from the ambulance driver.
After almost a year of discussions over liability, the Defendant made our client a substantial offer of settlement without any admission of fault which our client accepted.
Our client was pleased with the outcome and has also sought to utilise a personal injury trust for their compensation so that the money paid for their rehabilitation will not impact on any benefits entitlement they have as a result of their injuries.
Dean Wilson represented our client under a “No Win, No Fee” agreement.
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