Collision caused by overtaking driver led to fractured ribs and shoulder

Our client was driving her car along an A-road.  There was a car behind her.  She indicated to turn right and then began to turn right into a side road.  As she did so, the car behind attempted to overtake our client’s car and drove into her car.

 

The accident was the other driver’s fault because he:

 

·         failed to keep any or any proper lookout,

·         failed to see our client’s car,

·         failed to notice she was indicating to turn,

·         failed to notice she had slowed down so she could turn safely,

·         attempted to overtake our client’s car when it clearly unsafe to do so,

·         failed to steer or control his car or to brake to avoid the collision,

·         was in breach of duty under the Road Traffic Act 1988 and Highway Code.

 

Our client sustained a fractured shoulder-blade and fractured ribs.  She attended hospital after the accident.  Lawson-West began a personal injury claim.

 

The other driver denied liability.  Lawson-West issued court proceedings to recover compensation for our client for her injuries.  As the other driver continued to deny liability, the compensation claim went to court.  It is rare for a case like this to proceed to a final Court hearing.  Due to the strong evidence of our client and witnesses the Judge found that the sole cause of the accident was that the other driver had misinterpreted what was happening ahead of him.

 

The court found that the other driver was liable and awarded compensation.  Our client was awarded agreed damages of £6700 for her pain and suffering resulting from her injuries and expenses incurred as a result of the accident.

 

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