Past Cases - Road Traffic Accidents
Two road traffic accidents
We acted for a young lady (aged 19) who had the misfortune to be involved in two separate road accidents namely the first during May 2009 and the second during February 2010 in respect of which she wished to claim damages. In both accidents she was a passenger and wearing a seatbelt. Liability wasn’t an issue and we obtained a number of medical reports which confirmed that she had sustained whiplash injuries in both accidents and had also gone onto develop post traumatic stress disorder as a result of the first accident but made worse by her second accident. Her doctors attributed 75% of her symptoms to the first accident and the remaining 25% to her second accident. Her case was made more difficult as she later went on to develop other medical problems which were not attributable to either accident. After protracted correspondence, we were able to agree a settlement without the need to issue proceedings which our client was happy with.
S J Edney solicitors obtained compensation of £25,000.00 for this client during 2012
Road accident involving cyclist
We acted for a physiotherapist (a woman aged 42) who lives in Sevenoaks and was riding her bicycle in this town during September 2008. She remembers cycling along the outside of the traffic when she saw a car approaching her in the opposite direction. She pulled in to get out of the way of this car. She then saw it hit a parked car on the other side of the road and then come towards her. She didn’t have time to move out of the way. She was knocked off her bike by this car and landed heavily on her right side. She felt severe pain in her right arm and on being admitted to hospital discovered that she had split her right shoulder blade and sustained multiple fractures of her right clavicle (this was her dominant arm). She was off work for 5 months following the accident and had to undergo 2 operations on her shoulder. The prognosis for the future is encouraging although it is likely that she will be left with some permanent residual symptoms which will impact on her life. Liability was admitted by the insurers of the other driver but there was a dispute on quantum and we had to issue proceedings at Court. We were then able to negotiate a settlement for her.
S J Edney solicitors obtained compensation of £90,000.00 for this client during 2011
Mother and child involved in RTA
We acted for a mother (aged 40) and her young son (aged 8) who were both involved in a road accident during October 2007 just outside Gloucester. Our client was driving and her little boy was a rear seat passenger. At one point, her car was stationary and struck from behind by a heavy goods vehicle causing it to be shunted forward. Our client sustained a whiplash injury and some psychological symptoms and was only able to work part-time from March 2008 up until March 2010 and not full-time as she had hoped. Her son suffered some psychological symptoms. The prognosis for both of them making a complete recovery was encouraging. Unfortunately, the insurers of the driver put forward a derisory offer in settlement in respect of both their claims and we had no option but to issue proceedings at Cheltenham County Court. We were then able to settle both their cases.
S J Edney Solicitors obtained damages of £20,000.00 for our client and £8,000.00 for her son during 2011
RTA at roundabout in Swindon
One of our clients (aged 42) sustained a number of serious injuries when he was knocked off his bicycle by a motorist at a roundabout in Swindon. His injuries included fractures to his left elbow; right wrist; his right thumb together with extensive facial lacerations. Psychologically he was also injured and for a period of time remained a nervous driver/cyclist because of what happened. Fortunately, he did not sustain a loss of earnings and the prognosis for a full recovery in time was encouraging. He may need to undergo further surgery on his left elbow at a later time. The insurers of the other driver admitted liability but we were unable to agree quantum. Proceedings had to be issued at Swindon County Court and we were then able to negotiate a favourable settlement for our client.
S J Edney solicitors obtained compensation of £46,250.00 for this client during 2011
Wing mirror injury
During November 2009, one of our clients (aged 31) was walking along a grass verge beside a road in a small village in Northamptonshire. She was then struck on the back of her head by the wing mirror of a passing 4 x 4 causing her to fall to the ground. Fortunately, she did not sustain a serious injury and her physical symptoms resolved within about 3 months following the accident. The insurers of the driver vigorously disputed liability. They alleged that our client was entirely to blame for her accident. On obtaining a favourable report from an independent accident reconstruction expert and submitting it to them, they reconsidered their position on liability and agreed to compensate our client.
S J Edney solicitors obtained compensation of £1,760.00 for this client during 2011
RTA involving a young teenager
We acted for a young lady (aged 14) who during September 2007 was attempting to cross a pedestrian crossing in Swindon whilst going to school. She was then knocked over by a Thamesdown Transport bus which caused her to be thrown onto a nearby lamppost. She sustained a number of serious injuries including a fractured left clavicle and an injury to her left kidney. She was admitted to the children’s unit at Great Western Hospital where she stayed as a patient for about 10 days. During this period, she required surgery on her left kidney. Fortunately, she made a very good recovery from her injuries and the risk of any further trouble with her kidney in the future is very small (1 to 3% lifetime risk). Initially, the insurers of the bus company disputed liability but after providing them with a copy of the Police Accident report, they accepted that their insured’s driver was entirely to blame for the collision. They then put forward an offer of only £10,000.00 in settlement of our client’s claim which we rejected. As a consequence of this very low offer, we issued proceedings and shortly after they instructed solicitors to act for them, a satisfactory settlement was negotiated on our client’s behalf as described below:-
- Pain, suffering and loss of amenity £25,000.00
- Her family’s out of pocket expenses £ 4,250.00
S J Edney solicitors obtained compensation of £29,250.00 for this client during 2010
Road traffic accident
We acted for a school teacher (aged 49) who was involved in a road traffic accident on the M4 during October 2008 sustaining a number of injuries including a soft tissue injury to her right shoulder and injury to her laryngeal. This was a difficult case in that she had a number of pre-accident orthopaedic problems which she had been able to self manage effectively upto October 2008. The prognosis for the future was encouraging although she had suffered periods of unemployment due to her ongoing symptoms. After lengthy negotiations with the insurers of the other driver, we were able to agree upon a settlement.
S J Edney solicitors obtained compensation of £34,000.00 for this client during 2010
Accident on M25
We acted for a family of three who were involved in a road traffic accident during November 2007 on the M25. Their car collided with a foreign registered lorry which caused their car to spin out of control and hit the central reservation. The driver and his passenger (1) sustained whiplash injuries and his passenger (2) broke her clavicle. This was a difficult case as it took us some time to obtain the details of the UK agents of the foreign insurer of the other vehicle. Once we had their details, we were able to negotiate a settlement on behalf of our clients fairly quickly.
S J Edney solicitors obtained compensation for these clients during 2009:
Driver - £3,250.00
Passenger (1) - £3,650.00
Passenger (2) - £12,000.00
In a very sad case, we were acting for the driver and his passenger (1) together with the estate of his second passenger (2) who was killed in the road accident during September 2007. The driver had collected his mother-in-law (who was aged 87) at the time from a nursing home in Purton, Swindon and was taking her for an eye check-up at the Malmesbury Hospital also in Wiltshire. Although frail, she was still mentally alert. As they approach a junction controlled by traffic lights, a Royal Mail lorry travelling in the opposite direction to their car suddenly turned into their path causing a collision between both vehicles. The driver and his passenger (1) sustained soft tissue injuries but unfortunately his elderly passenger (2) suffered a number of serious fractures including a fracture to her sternum and left arm. Whilst at hospital, she contracted MRSA and C.Dif and in December 2007 she died from a pulmonary embolism which we argued only happened because of her earlier accident. The insurers of Royal Mail initially disputed liability and maintained that our client who was driving was to blame. We issued proceedings at Court and this coincided with the Inquest when the evidence quite clearly showed that the Royal Mail driver was to blame. A settlement was then achieved for our three clients.
S J Edney solicitors obtained compensation for these clients during 2009:-
Driver - £6,000.00
Passenger (1) - £5,000.00
Passenger (2 ie. her Estate) - £21,000.00
Injury to a foot
One of our clients, a lady (aged 59) who lives in London was involved in a road accident during February 2008. Briefly, she and her daughter were crossing a large cul-de-sac. Just before they had reached the pavement on the other side of the road, a motorcar (coming from their left) nearly collided with our client but unfortunately, one of its wheels came to rest on her left foot, breaking 3 metatarsals. It took her some 3 months before she was able to return to work and during this period she initially had to wear a plaster on her foot and later had to use crutches. She has made a good recovery from her injuries and the prognosis for a full recovery in the future was encouraging. There was no claim for loss of earnings. Initially, the insurers of the driver disputed liability but after we provided them with a copy of the Police Accident report and witness Statements, they agreed to indemnify her and we were able to reach a satisfactory settlement of her claim without the need to issue Court proceedings.
S J Edney solicitors obtained compensation of £10,500.00 for this client during 2009
Open fracture of tibia bone
We acted for a young boy (aged 9) who had been involved in a frightening accident during July 2006 when he was struck by a car whilst walking across a zebra crossing. The impact was on his right lower leg causing an open fracture of his tibia bone. He was rushed to hospital by air ambulance and required emergency surgery. A further two operations were undertaken later on. Fortunately he was able to return to school after a relatively short period of time and made an excellent recovery from his injury. His treating doctors were particularly happy with him and felt it was very unlikely that he would have any future problems. Liability was initially disputed but after obtaining a report from our own Accident Reconstruction expert the insurers of the other driver conceded liability. After some negotiations we were able to settle this case without the need to issue proceedings.
SJ Edney solicitors obtained £18,500.00 for this client in 2008
Accident aggravated a pre-existing medical condition and caused psychological symptoms
Another client (aged 57) was involved in a road accident when his car collided with a motor van. He had consulted one firm of solicitors who told him that he didn’t have a case. We disagreed. The accident had aggravated a pre-existing medical condition and he also developed psychological symptoms. Fortunately, the prognosis for the future was encouraging. The insurers of the other driver eventually agreed liability and we were able to settle his claim out of Court.
SJ Edney solicitors obtained £10,000.00 for this client in 2008
Accident causes fractures to nose, elbow, thigh, knee and psychological damage
We were acting for a young woman (aged 32) who was driving a motor car on a road just outside Lechlade, Oxon when she was involved in a head-on collision with another motor car and, as a consequence, suffered serious injuries. Her boyfriend and daughter were also travelling as passengers in her motor car. Her injuries included fractures to her nose, right elbow, right thigh and right knee. Unsurprisingly, she was also psychologically damaged by what happened. The good news, however, is that she made a good recovery from her injuries, albeit she has been left with some minor residual problems which should not affect her earning capacity. Sadly, she was unable to return to her pre-accident job as a child minder. Proceedings had to be issued in this case as there was a dispute on quantum and it settled shortly before trial.
SJ Edney solicitors obtained £70,000.00 for this client in 2008
Fracture of left femur
Another young client (aged 17) was involved in an RTA during May 2006. He was a front seat passenger and a friend (the driver) drove into a telegraph pole on their way back from football training. He received treatment for a number of injuries the more serious being a closed fracture of his left femur. He was unable to weight-bear for about 6 weeks and was off work for about 21 weeks. His loss of earnings during this period were minimal. Liability was not an issue but there was a dispute on quantum. Proceedings had to be issued at Court and shortly before Trial a settlement was achieved.
SJ Edney solicitors obtained £14,350.00 for this client in 2007
Post traumatic stress disorder caused by accident
We were instructed by a young man (aged 28) who was involved in a terrifying road traffic accident during March 2006. He had been travelling as a front seat passenger in a friend’s car when it collided with another vehicle. Both drivers died. We represented our client at the Inquest on a pro bono basis. Although, his physical injuries were minor he suffered from post traumatic stress disorder. We arranged for him to undergo some therapy (cognitive behavioural therapy) which he found very helpful. Proceedings were issued and the insurers of the careless driver put forward an offer to settle this claim of £10,000.00 which, on our advice he rejected. This matter settled shortly before Trial.
SJ Edney solicitors obtained £17,000.00 for this client in 2007
Road traffic accident causes front seat passenger to develop chronic pain syndrome
In one of our more difficult cases during 2007 we acted for a man who had been involved in an RTA during September 2003. He was travelling as a front seat passenger in his wife’s vehicle when another car collided into theirs causing it to be shunted forwards. He suffered soft tissue injuries but unfortunately these then developed into a chronic pain syndrome. This condition had a major impact on his life and affected his ability to work. The prognosis for the future was reasonably encouraging. Proceedings were issued at Court and this case settled shortly before Trial.
SJ Edney solicitors obtained £77,500.00 for this client in 2007
One of our clients was involved in a nasty RTA with another vehicle. She sustained a whiplash injury. This was a particularly difficult case as both drivers blamed each other. There were no independent witnesses. The report compiled by the Police following the accident was not particularly helpful. The insurers of the other driver were only prepared to settle her case on a 50/50 basis. We obtained our own report from an independent Accident Reconstruction expert and in light of the damage caused to both vehicles, the skid marks and other factors, he took the view that the other driver was to blame for the collision. Once this report was disclosed to the insurers they agreed to compensation her in full.
SJ Edney solicitors obtained £12,500.00 for this client in 2006
Accident causes injuries to head, abdomen, spleen, soft tissue, fractured ribs and post traumatic stress disorder
In another road traffic case, our client and two of his friends were travelling by car to Bristol via the M4. He was a rear seat passenger. This vehicle then careered off the motorway, killing the driver. This was due to his careless driving. Our client did not recall anything at all about the accident. He sustained a number of injuries, including a head injury, an abdominal injury requiring splenectomy, multiple soft tissue injuries, fractured ribs and post traumatic stress disorder. To complicate matters, the driver who died was uninsured. A claim was therefore submitted to the Motor Insurers Bureau (the MIB) who delayed in accepting liability. Proceedings were issued and shortly after their solicitors were instructed, they agreed to compensate our client. A deduction had to be made from his agreed damages because he was not wearing a seatbelt at the material time.
SJ Edney solicitors obtained £30,000.00 for this client in 2006
Husband killed in head on collision
In another case, our client was travelling as a front seat passenger in her husband’s motor car. They were both pensioners but her husband had a part –time job. There was a head on collision between their vehicle and a lorry and sadly her husband was killed. We represented our client at the Inquest and we issued proceedings as the insurers of the lorry driver delayed in settling the claim. The case eventually settled.
SJ Edney solicitors obtained £70,000.00 for this client in 2005
Road traffic accident causes passenger chronic pain syndrome
An injury sustained by our client in a road traffic accident whilst travelling as a passenger which unfortunately developed into chronic pain syndrome.
SJ Edney solicitors obtained £250,000.00 for this client in 2003