Case Study: Car accident claim arising from the negligence of an oncoming driver

James’ accident

James was driving his car along a main road when the driver of an oncoming vehicle attempted to turn right off the road directly across his path.

As a result of the head on collision James sustained whiplash injuries and a laceration to his leg which struck the interior of the car, leaving him with a permanent scar.

James contacted Macks. A member of Macks’ personal injury team was able to tell James that the other driver had acted negligently in several ways:-

1. He failed to keep any adequate look out for oncoming vehicles which had right of way on the carriageway.
2. He attempted to make a right turn off the road into a minor road when it was unsafe for him to do so.
3. He drove across the path of James’s vehicle causing a head on collision.

Liability for the Defendant’s negligence was admitted and compensation for James was settled at £9,500.00.

In addition to recovering for James the maximum compensation for his injuries and scar, the settlement included James’s out of pocket expenses for painkillers and travel to medical appointments, his loss of earnings from a part-time job and also a modest element of compensation for care provided by close family members on an unpaid basis during the initial acute recovery period when he had difficulties weight bearing because of his leg injury.

Please note that in the interests of preserving our clients’ privacy, we alter some factual details, including names. The report is, however, based on a real case.


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