News
Ben Davey & Jessica Edwards are pleased to have secured a substantial six-figure settlement for their client following a serious and life-changing road traffic accident involving two defendants and two consecutive collisions.
The accident occurred in January 2023, when Ms X had alighted from a bus outside her place of work and began crossing the road. As she was nearing the opposite pavement, she was struck by a vehicle travelling along the road.
After being knocked to the ground in the first collision, Ms X lost consciousness and remained in the road. A second vehicle travelling in the same direction failed to stop and drove over her.
Liability was disputed by both drivers, making the claim particularly complex and requiring detailed investigation into the precise circumstances of the collisions.
Ms X sustained very serious injuries as a result of the accident. These included a significant brain injury, together with multiple complex orthopaedic injuries. As a result of her brain injury, she was unable to recall the accident circumstances.
To address the liability dispute, an accident reconstruction expert was instructed to analyse the mechanics of the incident. This evidence was critical in understanding vehicle speeds, driver reactions, and what steps could have been taken by each driver to avoid the collision.
Despite the liability denial, Ben Davey & Jessica Edwards were able to instruct a rehabilitation case manager, and they were able to work with Ms X in order to allow her to return to work on reduced hours.
At the time of the accident, Ms X was 26 years of age working in a specialist nursing role, supporting children and young people with complex health needs. She was incredibly ambitious and hard working, and had ambitions to undertake a Masters Degree, in order to further her career in psychology.
Given the severity of her injuries, there were significant concerns about whether she would be able to return to her pre-accident role and sustain her career in the long term. It was also important to consider her wider professional aspirations and how these may be affected.
Ben & Jessica worked closely with a range of medical experts to build a clear picture of her recovery, ongoing symptoms, and future work capacity. This included obtaining detailed medico-legal evidence and witness evidence, with a particular focus on ensuring that experts addressed not only Ms X’s immediate needs but also the potential long-term impact of her injuries.
Court proceedings were issued against the first driver only, on the basis that they were responsible for the entire claim, as if they had they not collided with Ms X, then she would not have been in lying in the road for the second driver to run her over.
The independent evidence indicated that Ms X had failed to check that the road was clear was crossing, and due to the accident occurring in a pitch black rural location, the driver only had seconds to react. Despite this, Ben & Jessica were able to secure a liability agreement 66.66-33.33% in Ms X’s favour.
The settlement of liability meant that it was possible for the total claim to be settled a few months later, with Ms X receiving a substantial sum to reflect her reduced future working capacity.
This was a complex and hard-fought claim, not only due to the severity of the injuries, but also because of the involvement of two defendants and disputed liability.
Ben & Jessica were assisted by Counsel, Rob Horner of Deka Chambers, whose strategic approach and detailed analysis of the evidence helped to maximise the value of the claim across all heads of loss.
From the outset, Ben & Jessica ensured that their client was supported through what was a traumatic and complex process. They investigated a technically challenging accident involving two separate collisions, instructed specialist accident reconstruction evidence to address disputed liability, and coordinated expert evidence to fully assess both the physical and cognitive effects of the injuries.
"I cannot thank Ben, Jessica, Dean Wilson Solicitors and Summer their paralegal enough for everything they have done for me throughout my accident and injuries claim case over the past three and a half years. From the very beginning, they have been incredibly professional, compassionate, and genuinely supportive during what has been a very long and emotional journey. Communication has always been timely and clear, and they consistently checked up on me to make sure I was doing okay. What stood out most was how much they truly had my best interests at heart at every stage of the case."
If you or a loved one has been injured in a similar accident, please do not hesitate to contact us to discuss your case with our personal injury team. Our expert team will be ready to provide the support you need to secure the compensation you deserve.
Dean Wilson LLP acted in this matter under a conditional fee agreement, and sought no deduction from the client’s damages towards their costs.
Ben Davey can be contact on bd@deanwilson.co.uk and 01273 249287
Jessica Edwards can be contacted on jve@deanwilson.co.uk and 01273 249292