In August 2021, David, a 42-year-old man was walking home in the early hours of the morning after a wedding reception when he was struck by a car and propelled into a nearby layby. The driver of the car did not see him and assumed that she had struck an animal and did not stop. David laid injured in the layby for several hours before being discovered by a dog walker who called the emergency services.
David’s injuries were multiple and life changing. He had sustained a bleed on the brain, spinal fractures, fractures to both shoulders, fractured ribs and severe injuries to both knees. He had a long stay in hospital which was made even longer because his injuries meant he would not be able to manage the stairs in his house, so his local authority had to find him alternative accommodation.
David went on to appoint Enable Law to bring a personal injury claim on his behalf.
Before the accident, David was a fit and healthy man who lived independently and worked full time in sales. David now spends most of his time at home and has not been able to return to work.
What did we do to support him?
A claim was pursued against the driver, who the police had been able to locate. Her insurers denied liability claiming that David had been drunk and was walking in the middle of the road whilst wearing dark clothing so was not readily visible to the driver.
As part of our investigation, we obtained black box data from the car which showed that the driver was driving in excess of the speed limit for the road, and accident reconstruction evidence that concluded that if the driver had been travelling at the speed limit, she would have had more time to notice David and swerve or react to avoid a collision.
We also obtained medical evidence regarding David’s injuries, which indicated that his knee damage was so severe that he will inevitably develop post-traumatic arthritis. He may require joint reconstruction in the future and is now classified as disabled. Further evidence gathered confirmed that due to his injuries and reduced mobility David now needs to live in single storey accommodation and will need assistance with daily activities including DIY and gardening for the rest of his life.
Although the drivers’ insurers maintained their denial of liability, they did ultimately make a financial offer, and we were able to secure a six-figure settlement to help David with all current and future needs he now has because of what happened to him.
How we can help you
At Enable Law we have one of the most experienced personal injury teams in England and Wales. We have helped hundreds of injured people rebuild their lives following a life changing road traffic accident. If you want to speak to a member of our team, call Charlotte Morgan or a team member for free on 0800 044 8488 or fill in our contact form so we can call you back at a time convenient to you or arrange for one of our colleagues to visit you at home or hospital. We take all our personal injury cases on a no win no fee basis so you will never have to pay for our work out of pocket.
