Pedestrian hit by a car suffers traumatic brain injuries

A returning client of Fletchers suffers traumatic brain injuries after being hit by a car while crossing the road with her mother. We secured a seven-figure settlement for our client to support them through their injuries and access rehabilitation services following their brain injury. In this case we explore:  

• The incident  
• Pre-existing conditions and the impact of the collision  
• How the claim progressed 
• Settlement  

The collision  

We had represented this client in relation to minor injuries suffered in a road traffic accident several years ago. Unfortunately, she was involved in a further, much more serious, accident in which she suffered an extensive range of traumatic brain injuries and complex orthopaedic injuries.  As she had worked with us previously, our client contacted us immediately based on the level of service received on her prior instruction. 

Our client and her mother crossed the first lane of a two-lane carriageway and stopped on a pedestrian island. To their left was a complex road junction involving a double mini roundabout and numerous feeder roads. Our client’s mother, and an independent witness, reported that a car had stopped and waved them to cross the road. As Miss H started to cross, another vehicle came from her right-side and collided with her, causing catastrophic injury. 

Before the collision 

The complexities before this case began were numerous. Our client was a refugee who spoke little English and was already a pre-existing wheelchair user due to a brittle bone disease condition. The care our client needed pre-accident was significant and had to be taken into consideration. 

Through the experiences in her life, our client had developed an unquestionable sense of resilience. Spending her early years in a refugee camp, where there was no access to specialist equipment or medical support, meant that she had developed an ability to crawl around to mobilise and she continued to use this skill in her home environment. 

Despite pre-existing conditions, witness evidence supported that she was independent in accessing the community, visiting local shops and helping her mother to navigate the bus routes around her hometown. Prior to the accident our client was also described as very chatty, sociable and enjoyed attending community events. She was also working hard to learn English, attending up to four classes a week in her effort to learn. 

Having worked with this client before, our team could also attest to the lively personality and resilience of this client.  

Impact of the collision 

Having worked with this client before, our team could also attest to the lively personality and resilience of this client.  However, following the traumatic accident our client suffered, there was a marked contrast. Our client was now prone to episodes of confusion, often unable to recognise close friends and having difficulty responding to direct questions.  

The case  

Liability for this collision was disputed from the outset of this claim and throughout the process. A split trial was listed, and it was anticipated that our case would succeed but a finding of contributory negligence was almost inevitable, possibly up to 30%. 

A Joint Settlement Meeting (JSM) with the defendant resulted in a costs inclusive offer of seven figures to settle the case. After careful consideration this was rejected and the decision was made to proceed to trial. 

Reaching a settlement  

In the lead up to trial, the defendant made a number of increased offers to settle the claim which were rejected. Ultimately, an improved seven figure offer was made which was deemed acceptable, meaning the claim settled a week prior to trial.  

Road traffic accident experts on your side 

Having experts with your best interests in mind can make all the difference in road traffic accident claims. This case was a prime example of this as the first offer of settlement from the defendant was approximately eight times less than the final agreed settlement. We understand that a new normal looks different to every individual in different situations, and we work hard to ensure you have what you need to recover and rebuild so you can eventually thrive. If you, or a loved one, has suffered as a pedestrian in a road traffic collision, our team are here when you need us. For compassionate legal advice, reach out today.