Enable Law client Josh was walking home in the early hours of the morning after a wedding reception when his accident occurred. As he made his way along a poorly lit road, he was struck by a passing vehicle. The force of the impact threw him into a nearby layby, where he remained for several hours before being discovered by a dog walker.
The impact of the accident
Josh sustained multiple serious injuries as a result of the collision. These included:
- a bleed on the brain
- a spinal fracture
- a shoulder fracture
- several broken ribs
- severe injuries to both knees
He spent a significant period in hospital recovering. Although some of his injuries improved over time, many continue to affect him in daily life.
The driver’s actions and police involvement
The driver initially stated that he had not seen anyone in the road. He recalled hearing a bang against the side of his vehicle but believed he had struck an animal. Although he briefly returned to the area, he did not locate Josh and continued his journey.
It was only after seeing news coverage the following day that he reported the incident to the Police.
The Police decided not to prosecute the driver due to insufficient evidence and consequently, their insurers denied liability for the accident.
Expert advice on the case
When Enable Law took over the case, two and a half years had already passed with little progress made. Because liability had been denied, Managing Associate Charlotte Morgan undertook extensive investigative work, gathering key evidence from the Police and the driver.
Vehicle data showed the driver had been travelling at 45 mph in a 40 mph zone. However, the road was poorly lit and Josh was wearing dark clothing, which made this a complex and challenging case on liability. Despite this, we worked to build the strongest possible evidence picture.
We arranged specialist medical assessments in orthopaedics and neurology. Expert evidence confirmed the severity of Josh’s long‑term injuries and the significant impact these would have on his mobility, independence and future care needs. Medical experts advised that the long‑term damage to his knees was particularly significant. They concluded the accident would likely lead to permanent disability and that Josh may require the use of a wheelchair in later life.
Reaching a settlement
Due to the significant risks in Josh’s case, including the possibility that the claim might not succeed and the likelihood that he would be found partly responsible for the accident, we advised him to pursue settlement discussions with the Defendant. Through careful negotiation, we secured a six‑figure settlement which will allow Josh to move forward with his life and access the aids, equipment and care he may need in the future.
This case demonstrates that a positive and meaningful outcome is still possible even in difficult circumstances. Despite the Police deciding not to prosecute, liability being denied, and the potential for shared blame, early expert input and persistent investigation meant Josh was still able to achieve the support and compensation he deserved.
Client feedback
Josh said:
“Charlotte Morgan at Enable Law was everything I could ask for in a solicitor, I was the victim of a hit and run and Charlotte took over my case after the first company used went bust. From day one Charlotte was very hands on with my case constantly kept me updated throughout my whole case she went above and beyond to make sure my case was handled with utmost urgency I couldn’t recommend Charlotte or Enable Law enough”
How Enable Law can help you
If you’ve been injured as a cyclist or pedestrian, our expert personal injury team is here to support you. If your injury was caused by someone else’s negligence or carelessness, you may be entitled to compensation for medical expenses, lost earnings, and pain and suffering. For long-term injuries, you may also be able to access funds to help you rebuild your life as closely as possible to how it was before the incident.
Speaking with a qualified personal injury solicitor can help you understand your rights, guide you through the claims process and ensure your case is properly represented.
To speak with a member of our team, call us on 0800 044 8488 or fill in our contact form so we can arrange to call you at a time convenient to you.
