James Braund, partner at Trethowans LLP, in Poole, together with Isobel Leigh-Warren, specialist personal injury solicitor, have recently resolved a major fatal accident claim following a serious road traffic collision in Bournemouth.
The Incident
On the morning of 1 May 2024, Mr C was walking a dog. He went to cross a road, during busy and slow moving traffic. Traffic stopped to let Mr C cross. However, as he did this, a car pulled out of a side road colliding with Mr C, causing him to fall backwards and strike his head on the pavement.
Emergency services attended and Mr C was taken to Hospital. It was identified that he had suffered very significant injuries including a major traumatic brain injury, fracture to the skull, multiple displaced right rib fractures, lung contusions and a right lateral clavicle fracture. Sadly, Mr C remained in a coma, requiring ventilation, and passed away the following day.
Police Investigation and Inquest
The driver of the car provided a positive drug wipe screening test and following blood testing an excessive amount of cannabis was identified. The driver pleaded guilty to driving with drug levels over the specified limit and received a disqualification from driving and a fine.
An inquest also took place into Mr C’s death. Evidence was heard from various witnesses at the inquest. It was determined that Mr C died as a result of a traumatic brain injury suffered as a result of a road traffic collision.
The Claim
Once the inquest had completed, James obtained all of the evidence from the same as well as the police report. Utilising this evidence, a detailed Letter of Claim was prepared and put to the driver’s insurance company.
James was also able to obtain details of the dependency losses (both financial and in terms of care) for Mrs C (Mr C’s widow), as well as other losses. These were embodied into a Schedule and also provided to the other side as well.
Further Investigation and Settlement
James was able to work constructively with his opponent at the driver’s insurance company and a pro-active stance was adopted by both sides throughout. Appropriate documentation and confirmation was provided to the insurer to allow them to undertake their own investigations, following which it was promptly accepted that fault lay with the driver. The insurer did allege that some contributory negligence may rest with Mr C and also disputed some levels of some of the losses claimed, although counter arguments were also raised in response..
Offers were made by both parties and a mutually acceptable 6-figure figure was then agreed.
Client Feedback
Mr and Mrs C’s son stated “[we] would like to thank you, Isobel and your team for all you have done for us with this. It hasn’t been painless, but your team made everything far more manageable than we have expected it might be. We’ve appreciated your patience and understanding.”
James added “The events of 1 May 2024 are heartbreaking. No amount of money will ever bring Mr C back. However, we are pleased that we have managed to do what we can to obtain monetary damages for Mrs C and safeguard her future financially. I am particularly pleased that we have managed to secure this settlement within just over 4 months of the claim being put to the driver’s insurance company, thanks to the constructive approach adopted on both sides.”
