Road Traffic Accident: Case Summary
Posted on December 1st 2020
Oliver & Co Solicitors have recently won a claim at trial for our client who was involved in a road traffic accident.
Oliver and Co Solicitors were instructed by our client, who was involved in a road traffic accident with the Defendant on 22 May 2017. Our client was correctly proceeding along the road when the Defendant pulled out from a parked position and collided with our client’s vehicle.
Who was liable?
Liability for the accident was disputed by the Defendant who says that she had pulled out from a parked position and was straightening up and passing parked vehicles to her left. It was at this point that the Defendant advised our client came around the corner at speed and collided with her correctly proceeding vehicle.
Both parties suffered personal injuries as a result of the collision, namely whiplash type injuries.
There was an independent witness who supported our client’s version of events. The witness was in her car waiting to pull out and was facing the scene of the accident. The witness saw our client come around the corner, but it was the Defendant who hesitated when pulling out of a tight parking space. Because of this, the Defendant drove into our client and the accident could have been avoided if she had not hesitated or had she remained in her parked position.
As the parties were unable to resolve the issue of liability, this case was heard by way of a Trial by a judge sitting at the County Court. It is not common for claims of this type to proceed to court, and 99% of cases never go to court and are settled prior to the commencement of court proceedings.
As a result of current concerns regarding coronavirus, the hearing was to take place remotely. Trials taking place remotely would proceed by way of video conference, but on this occasion, the judge decided to hear the case by telephone.
A civil trial involves a judge sitting and hearing the evidence presented by Barristers for both parties, together with hearing any witness evidence that may be available. Unfortunately, the witness in this matter passed away 5 days before the court hearing.
The judge is asked to consider the evidence and to decide who he believes and who is responsible for the accident in question. The successful party is thereafter entitled to receive compensation for the injuries they suffered in the accident.
Admission of Liability
The Defendant admitted during trial that there were no cars parked to her left, so unless our client was driving on the wrong side of the road, it was her coming out of a parking spot when it was unsafe to do so that caused the collision and the injuries suffered to our client. The Judge found fault against the Defendant and our client therefore succeeded in full in his claim. Our client obtained £5,600.00 by way of damages.
How can we help?
If you have been involved in a road traffic accident and would like to find out if you have a claim for compensation, please give us a call on 01244 312 306 to find out how much your injury claim could be worth.
Call and speak to a lawyer on 01244 312306