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The 16 year old claimant (“C”) ran across a road at night and into a collision with the defendant (“D”) taxi driver. C was thrown on to the opposite carriageway and collided with another vehicle travelling in the opposite direction.

Severe and permanent head injury

C suffered multiple catastrophic injuries including a severe permanent head injury requiring surgery he made very slow progress and was eventually discharged into the care of his mother 2 years later. C required assistance with all activities, he was wheelchair dependant and had limited communication skills. He had limited insight into his condition leading to depression and mood swings.

Disputed liability 

Liability was disputed throughout. C was unable to remember as to how the accident occurred. There was no clear evidence whether he stopped and/or looked before crossing the road or ran without warning.

It was clear that D did not see C when the actual collision took place. Witness evidence was not consistent and the case revolved around accident reconstruction evidence. D alleged that he had no opportunity to take evasive action.

Nevertheless shortly before the trial on liability, D offered to settle the claim in the sum of £2 million and this was accepted by C. This represented 42% liability in the claimant’s favour.

Kim Smerdon, Personal injury specialist in road accident claims, commented on the case:

“This was a difficult case on liability given the lack of evidence not only from C himself but also from the lay witnesses. There was a significant risk that C could lose entirely, given that D was alleging that there was no reason why he could have seen C prior to the collision.

This case may well have been turned down by other less experienced solicitors so it is important to choose your solicitor carefully. We are experienced in dealing with these sorts of claims and offer free legal advice and assistance throughout, acting on a no win no fee basis so that you keep all of your compensation.”

If you or a loved one has suffered a traumatic brain injury after an accident then contact our specialist personal injury team on 0118 952 7137 or email piclaims@boyesturner.com.