Penningtons Manches LLP’s personal injury team has recently settled a claim against a driver following a road traffic collision which left a pensioner with significant foot injuries.
The gentleman was waiting at a pedestrian crossing having pressed the button. He watched the lights change from amber to red, and a driver on the far carriageway indicate for him to cross. As he took a step into the road, he was struck by the defendant’s vehicle approaching from his right, which had driven onto the crossing in spite of the changing lights. His foot was run over by the car, resulting in a number of broken bones and disability.
Following an investigation, a claim was submitted to the driver’s insurer. The insurer failed to provide any substantive response, alleging that it was investigating whether the claimant had crossed when it was a green light for traffic or alternatively, there was a vehicle close behind the driver which made it unsafe to stop. Whilst there was some doubt regarding the first aspect, there was no independent witness evidence in support of the latter.
In light of the continuing failure to respond, Penningtons Manches’ team reassessed the matter and clarified various points with the claimant and the independent witness, leading to a settlement.
William Broadbent, an associate in the firm’s personal injury and clinical negligence team, commented: “We are pleased to have obtained a successful outcome in this claim and were greatly assisted by the independent witness who corroborated the events as our client recalled them and discredited the defendant’s account.
“Our client suffered an injury which was easily avoidable, had the defendant driven in accordance with the Highway Code. It was a simple matter of the driver failing to stop at a crossing when our client had the right of way. Fortunately, he had only taken one step into the road, otherwise the consequences may have been far worse.
“Accidents like this happen far too often, and on occasion, even good drivers may think they have enough time to get through before the lights change. However, this risk should never be taken and drivers should remember that even an amber light means that you should stop unless it is dangerous to do so.”