Judgment for catastrophically brain injured child

The client was a rear seat passenger in a vehicle being driven by his mother along the A10 in Hertfordshire when the incident happened. The car was travelling in the offside lane of a dual carriageway when they became aware of a black Mercedes driving dangerously close behind and tailgating them.

The mother felt pressured into changing lanes due to the driving behaviour of the Mercedes but was unable to do so due to an HGV lorry travelling in the nearside lane. The Mercedes then swerved from behind their vehicle and overtook them in the nearside lane, narrowly missing the HGV lorry, before cutting sharply back in front of them.

The mother braked to avoid hitting the Mercedes, causing the vehicle to spin out of control and roll down an embankment, before hitting a tree and coming to rest in a field.

The driver of the offending vehicle left the scene, subsequently alleging that they were unaware of the incident.

The most significant injuries were suffered by the young male passenger who sustained a severe traumatic brain injury with severe facial laceration and a degloving injury to the scalp, which required reconstructive surgery to the right eyelid.

He also suffered from post-traumatic migraines and developed ADHD symptoms as a result of the traumatic brain injury. He was airlifted from the scene and taken to the specialist paediatric neurological department at the Royal London Hospital.

During his time at the hospital and since then, he has received extensive support from the Child Brain Injury Trust.

His older sibling, also a rear seat passenger, suffered a broken leg and severe PTSD.

Their mother suffered whiplash injuries to her neck, severe bruising caused by the seat belt as well as significant psychological injuries.

Enquiries were made by the Police to establish the identity of the driver of the black Mercedes. Appeals were made for any witnesses to come forward.

An eyewitness who wished to remain anonymous had followed the black Mercedes and obtained the registration number which they gave to the police. The offending vehicle had also been captured on an ANPR camera leaving the A10 shortly after the incident.

The police subsequently arrested and interviewed the driver for the offence of causing serious injury through dangerous driving. They submitted a case to the Crown Prosecution Service who unfortunately felt there was insufficient evidence to mount a criminal prosecution.

Damian Horan, Siobhan Thomas and Niamh Hills obtained a copy of the anonymous call together with further police material, including witness statements. With this evidence, the legal team was able to build a clear picture of the events leading up to the incident, along with a detailed description of the culprit vehicle and front seat passenger.

The claim was initially pursued against Aviva as the motor insurer of the black Mercedes. Whilst the driver admitted to driving along the A10 around the time of the incident, they denied knowledge of any involvement.

Proceedings were issued in the High Court against the driver and Aviva, who alleged that the incident was caused by the mother losing control of her vehicle. The legal team was therefore forced to include the mother in the litigation to ensure the clients, as innocent passengers, were able to recover damages.

The defendant insurer claimed that compensation should be recovered against the Motor Insurers’ Bureau under the Untraced Drivers’ Agreement. However, this was not an attractive route for the client’s family, who were adamant that the driver of the Mercedes was responsible.

This was a highly unusual situation in a civil claim where the identity of the offending motorist was the key issue at trial.

The defendant driver, backed by Aviva, maintained he had been innocently accused and was being dragged to court by the brain injured child’s family.

In addition, Aviva and its legal team blamed the children’s mother for causing the accident and subjected her to years of anxiety, financial stress and worry. This also deprived her and her injured children of funding for rehabilitation.

The case was listed for a five-day trial in the High Court. Susan Rodway KC represented the claimant.

The legal team called various witnesses to court, including two passengers in the client’s vehicle who were less seriously injured, as well as the investigating police officer.

The team also relied on accident reconstruction evidence, including evidence relating to tyre marks caused by the vehicle as it left the carriageway, as well as research into the make and model of the offending vehicle.

The Judge found in favour of the claimant.

She found that the claimant’s legal team had established, on the balance of probability, that the driver of the black Mercedes was indeed the defendant, Mr Sestras.

She decided that Mr Sestras was not an honest witness, in stark contrast to the witnesses called on behalf of the claimant.

She further held that allegations made in relation to the mother’s driving were unfounded and dismissed them, holding that she was not to blame in any way for the accident.

With judgment secured, the legal team can now apply for immediate funds to provide private therapy and rehabilitation for the brain injured client, while also supporting the family who have gone too long without help.

Further work will now be undertaken to quantify the value of the claim. The client’s injuries are very severe and it is likely the damages claim will exceed £10 million

If you’ve been injured in a road traffic accident that wasn’t your fault, our serious injury specialists can help you access the support, rehabilitation and compensation you may need to move forward. Contact Fletchers for a free, no-obligation conversation about your circumstances.