Whiplash injury caused by failure to give way at a junction

Our client was driving within the speed limit along a familiar country lane in the afternoon.  Suddenly another car failed to give way at a junction and collided with our client’s car.

Lawson-West began a personal injury claim.  The road traffic accident was the other driver’s fault because he:-

• drove too fast;
• failed to keep a proper look out;
• failed to give way at a junction;
• failed to notice our client’s car;
• failed to stop, slow down or control his car to avoid the collision;
• breached the Road Traffic Act 1988 and the Highway Code.

Our client attended the local hospital after the accident as she suffered from whiplash to her neck and back along with bruising on her arm and hip, headaches and anxiety.

Lawson-West recovered compensation in respect of our client’s whiplash injuries and for expenses incurred as a result of the accident.  Our client approached Lawson-West a month before her limitation period was due to expire and within a period of five months, Lawson-West managed to issue court proceedings, obtain medical evidence and negotiate a settlement before court proceedings were due to be served.  This reflects the timely fashion that this case was dealt with and the fact that, even with a month before limitation was due to expire, it was a case that Lawson West was able to deal with.

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.

 

Related Articles:

 

Collision caused near-fatal injuries

 

Rear End Shunt led to whiplash and a write-off

 

Rear End Shunt at junction led to back injury

Collision caused near-fatal injuries

Our client was driving along a dual carriageway when a car being driven in the opposite direction hit a van and then span out of control, crossing over the central reservation and crashing into the car our client was driving.

 

The accident was the other car driver’s fault because she:-

 

·         failed to keep a proper look out

·         failed to notice the van

·         drove too fast

·         failed to swerve or steer her car to avoid colliding with the van

·         failed to have sufficient regard for the safety of other road users

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

 

The other driver was prosecuted and found guilty by the courts of careless and dangerous driving.  She had admitted hitting the kerb before crashing into the van.

 

Our client sustained serious, near fatal, injuries as a result of the accident, including fractured jaw, fractured collarbone, collapsed lung, fractured femur, smashed knee cap, dislocated ankle and a damaged spleen amongst other injuries.  He was taken to hospital after the accident and faced several major operations over the next 18 months.

 

Lawson-West began a personal injury claim.  At the time of the accident our client had been self-employed so would receive no income until he was able to resume work and may not have been able to return to his previous job after recovery.  Lawson-West were able to arrange for interim compensation payments to assist our client and his family.  Lawson-West also arranged for adaptations and special equipment for our client as advised by medical consultants during his recovery.

 

Lawson-West recovered a substantial amount in accident compensation, this included general damages for his injuries and additional compensation for medical equipment and rehabilitation.