Dean Wilson Successfully Settles Personal Injury Road Traffic Claim

Ben Davey, who is part of the Personal Injury Team at Dean Wilson, settled a claim on behalf of a client arising out of a road traffic accident involving the client’s father.

Background

On 21 September 2018, Mr D’s father was hit by the defendant in their vehicle on the A22 Hailsham in the early hours. Mr D’s father was later found by a passer-by who called emergency services. Mr D’s father was conscious, and his GCS was 8. He was taken to the Royal Sussex County Hospital where he was found to have multiple injuries including a subarachnoid bleed and left frontal lobe contusion.
The Police later found that the defendant had drunk five plus pints of Guinness during the evening and was travelling at 65mph. Their headlights were on full beam, and it was dark and raining. The defendant believed they had hit an animal and did not stop to check. Mr D’s father was crossing at a pedestrian crossing when he was hit. There are signs warning of this crossing on the approach.
On 26 September 2018 Mr D’s father sadly passed away from his injuries. Due to the severity of his injuries end of life treatment was commenced until his passing.

The Claim

Mr D brough the claim on behalf of the estate of his father. Dean Wilson alleged that the defendant had been negligent and failed to act within a duty of care to Mr D’s father, due to driving whilst intoxicated and proceeding to drive late at night.
Dean Wilson considered that on the balance of the defendant’s probabilities had their function have not been impaired due to alcohol, they would’ve been able to see Mr D’s father with their lights on full beam. Had the defendant’s function not been impaired he could have easily avoided Mr D’s father by moving to the right-hand lane, or by seeing the signs that warn drivers of the crossing and slowed down to allow Mr D’s father to cross safely.

Outcome

Ben Davey successfully settled the claim on behalf of the client. The defendant was arrested and prosecuted for drunk driving. Our client was pleased with the outcome and was grateful for all of the work Ben Davey and the team put into the case.
Dean Wilson Solicitors acted for Mr D on a no win no fee basis. The team can be contact on 01273 249200.