Our client, Mrs G, suffered a tibial plateau fracture of her right knee when she was struck by a BMW whilst crossing the road. The driver emerged through a gap in stationary traffic and accelerated into the claimant.
The accident occurred whilst Mrs G was crossing a road in Hythe, Kent. The lane of traffic on the far side of the road was stationary. Mrs G looked to her right and, noting that there was no approaching traffic, she started to cross the road.
The police accident report indicated that the defendant was in his BMW and positioned in the driveway of his house on the opposite side of the road to Mrs G. He intended to turn right but this required him to cross between the stationary traffic and to then pull out into the far lane. There was a gap in the queuing traffic and the driver of a queuing van beckoned for the defendant to come out of his driveway.
It appears that the defendant wrongly relied upon the van driver’s gesture as an indication that it was safe to emerge from his driveway. He presumably looked to his left only and deemed it safe to pull out into the road. He did not tentatively nose his car out in front of the van and look to the right to ensure that the road in front of him was also clear. Instead he accelerated and struck Mrs G who was crossing the road. An ambulance attended and Mrs G was taken to the William Harvey Hospital.
Liability was eventually admitted after an initial denial. We obtained medical evidence from a consultant orthopaedic surgeon who confirmed that the accident had caused the tibial plateau fracture of Mrs G’s right knee which required surgical repair. Fortunately, she experienced an excellent result although our expert advised that she was left with permanent ongoing weakness in her right side and an inability to kneel with limited flexion of the knee. She was at an increased risk of post-traumatic arthritis and a total knee replacement was likely within 5-10 years of the accident. The situation was greatly complicated as she had extensive pre-accident pathology and an MS type illness diagnosed three years earlier.
Oliver Chapman, specialist personal injury lawyer acting for Mrs G, successfully negotiated an out of court settlement of £48,000, which included compensation for the injury together with reimbursement for past and future care needs and future treatment.
Oliver Chapman specialises in road traffic accident cases. If you would like to ask Oliver a question about a potential case, or if you have a general query about any personal injury, contact Oliver at Thomson Snell & Passmore solicitors on 01892 701234 in confidence.