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A woman who was hit by a car while crossing a road has achieved damages after a settlement of her claim against the driver's insurer was reached.
The woman suffered a number of injuries in the accident, including a fractured vertebra in her back, a suspected mild traumatic head injury and psychological injuries. Her back injury caused her ongoing pain which left her unable to carry out domestic activities such as doing laundry and cleaning. Her injuries also had an impact on her ability to do her job and she had to give up her hobby of gardening.
After a claim was commenced, the driver's insurer disputed liability, arguing that parked cars and a tree at the side of the road would have prevented the driver from seeing her, and that she had crossed in front of his car giving him no time to avoid a collision. However, evidence was obtained that, due to her height and the position of the tree, she would have been visible to him. The accident happened in a built-up area where people would regularly be crossing the road.
Medical evidence was obtained showing the extent of the woman's injuries and the effects they are likely to have on her life. She is likely to experience ongoing and persistent pain as a result of her back injury, as well as cognitive issues due to the probable traumatic brain injury.
Following negotiations, a settlement of £130,000 was agreed. This will compensate her for her pain and suffering as well as the impact on her ability to work and carry out household tasks.