Six-figure personal injury settlement after lorry collides with tractor

On the day of the collision, the client was driving a refuse lorry along a winding country lane between agricultural fields. The road was covered in mud and slurry deposited by the defendant, who was driving a tractor and trailer in and out of adjacent fields. The client’s case was that he had applied his brakes and intended to stop when he first saw the tractor, but the mud prevented him from bringing the vehicle to a halt. The lorry skidded and collided with the tractor. The client suffered a severe crushing injury to his lower leg, requiring fixation surgery and skin grafting, and later brought a claim for his injuries and related losses.

The client was extracted from the lorry and airlifted to Southampton General Hospital, where he underwent immediate surgery. After initial treatment, he was transferred to Salisbury Hospital for a skin graft before being discharged home a month after the accident. His leg remained in an external fixator frame for almost six months while it healed, and he relied on crutches for support.

Despite disagreement between the parties and liability being strongly contested, both sides worked collaboratively under the Rehabilitation Code. A Case Manager carried out an Immediate Needs Assessment, identifying the client’s ongoing symptoms and recommending support to aid recovery.

The personal injury team secured early funding from the defendant’s insurer to provide physiotherapy, a gym membership and a tailored exercise programme. This helped improve the client’s strength and mobility while easing discomfort in his lower leg and foot. The rehabilitation programme also included counselling to support symptoms of low mood, nightmares and flashbacks following the accident.

Liability remained in dispute, so a barrister was instructed to prepare the case for court proceedings. An accident reconstruction expert was also appointed to analyse the police evidence and reconstruct the circumstances of the collision in detail.

Although the defendant insurer continued to deny liability, evidence relating to the value of the claim was gathered to ensure it could be fully assessed. Medical experts in orthopaedics, plastic surgery, vascular surgery, neurology, pain management and psychiatry provided evidence on the injuries the client had sustained.

Court proceedings were subsequently issued and the case was listed for a preliminary trial on liability.

While the defendant insurer intended to focus primarily on liability, the legal team successfully negotiated a full settlement at a Pre-Trial Settlement Hearing shortly before the liability trial was due to take place. The client secured a six-figure settlement without the need for further litigation.

If you or a loved one has suffered a serious injury following a road traffic collision, we’re here to help. Our expert serious injury solicitors can support you in securing the rehabilitation, care and compensation needed to move forward with confidence. Get in touch today for free, confidential advice about your situation.