Car whiplash injury

Publish date

21 November 2017

Car strikes wheelchair user causing multiple leg fractures

Ms O suffered from quadriplegic cerebral palsy and used a motorised wheelchair.  She was crossing a road in Chatham, after a car had stopped to let her pass, when the defendant, who was overtaking the other car, struck her at low speed.

She had severe pain in her right leg straight away and was unable to move her right knee.  She was taken to Medway Maritime Hospital by ambulance.

Ms O’s right leg was very swollen and x-rays confirmed she had multiple fractures to her right tibia, fibia and right ankle.  She was placed into a plaster back-slab causing her mobility and independence to be greatly impacted, affecting her day-to-day life.

Ms O suffered with flashbacks, difficulty sleeping and anxiety whilst travelling, following her accident.

Ms O’s pain continued so she went to the GP who prescribed pain relief.  At the fracture clinic x-rays confirmed a fracture of the distal tibia and displacement of the lateral femoral condyle (lower part of the femur).  She was placed into a below the knee plaster for four weeks.

After four weeks she was placed into an aircast boot and started to undertake physiotherapy for her ankle and knee.

The defendant denied liability, stating that Ms O was responsible for the accident as she had continued across the second lane of traffic without looking or stopping.

Jonathan Herbert, specialist personal injury lawyer acted for Ms O.  He obtained a report from an orthopaedic expert who confirmed that Ms O had increased limitation of her general mobility and independence, which was unlikely to improve.

Despite continuing to state that Ms O was at least 75% at fault for the accident the defendant made offers to settle the claim.  Jonathan successfully obtained an out-of court settlement of £40,000 to compensate Ms O for her pain and suffering, and to pay for her future care needs.

Jonathan specialises in road traffic accident cases.  If you would like to ask Jonathan a question about a potential case, or if you have a general query about any personal injury, contact Jonathan at Thomson Snell & Passmore solicitors on 01892 701226 in confidence.

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