Case Study 9 - Fatal Road Traffic Accident
Tom Hartigan acted for two clients following a fatal road traffic accident in September 2007. Mrs B and Mrs D were friends who were crossing the road in Amesbury that separated their respective houses. Both ladies completed their crossing and reached the pavement on the opposite side of the road. However, whilst standing on the pavement they were struck by a car which left the road and mounted the pavement. The driver had been drinking.
The force of the collision killed Mrs B instantly. She was 94 years old. Mrs D suffered a serious injury to her back together with significantly psychological symptoms, due to the trauma of the accident and having witnessed the death of her close friend. The significant trauma she suffered was made worse by the fact the accident had occurred directly outside her house, resulting in constant reminders of the horrific event.
Tom Hartigan brought a claim on behalf of the estate of Mrs B in relation to her death. A separate personal injury claim was also brought on behalf of Mrs D in relation to her physical and psychological injuries and to recover all her associated financial losses.
Liability was admitted by the motor insurers acting on behalf of the defendant driver. Both cases were concluded without the need to start any court proceedings. As a widower, Mrs B had no surviving spouse to claim for statutory bereavement damages (currently valued at £11,800). The claim on behalf of her estate was therefore limited to recovering all financial expenses incurred in relation to her death.
Mrs D was successful in recovering a substantial five figure sum in compensation for her injuries and financial losses.
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