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Case Study

Compensation for pedestrian run over by delivery van

Emma Hall settled a road accident claim on behalf of her client Maggie*, who was hit from behind by a delivery van.

At the time of the collision, Maggie was training to be an actuary in London. She had been to the local supermarket and was walking back to her flat. The road had no pavement to walk on, and there were parked cars on one side and business premises on the other.  Maggie made sure to walk down the middle of the road, so she would be visible to any vehicles. Behind Maggie, a van was making deliveries to the business premises. At the end of the street was a closed pedestrian gate, so the only way for the van to exit was to follow Maggie out onto the main road. Rather than turning around and driving the correct way out, the van driver decided to reverse at speed, at which point he hit Maggie. Not realising, the driver pulled forward and then reversed back, seemingly to dislodge whatever he thought was trapped under his wheels. 

Maggie managed to stand up and get to a garage nearby for help. An ambulance was called, and Maggie was taken to Kings College Hospital. She suffered a fractured scapula, Grade 4 liver laceration, right adrenal lacerations, and rib fractures. She was also very traumatised by the incident.

After a difficult first few months of her recovery, Maggie decided to move back home to Belfast.

Emma worked collaboratively with the insurers to arrange rehabilitation for Maggie. As she was now in Belfast, instructing a case manager was difficult, so we arranged for her to be seen by treating clinicians to ensure the appropriate support was put in place for her.

Liability was disputed on the basis that Maggie was wearing headphones while out walking and should have walked closely to one side of the road to avoid being hit by the van. These arguments were challenged and successful disputed when it came to settling the claim.

Medico-legal reports were obtained which demonstrated that, despite the significant injuries Maggie suffered, she had worked hard at her recovery, and was now taking part in endurance events such as the Belfast Marathon and cross-fit competitions once more. However, she would unlikely ever be able to compete to the same level she had before the accident. It had, in so many ways, had a profound effect on her life. 

The insurers made an early offer and upon consideration of the medical evidence and Maggie's prognosis, we were able to negotiate settlement in her case. The settlement will allow her to continue with her recovery, and move forward with her life.

Following settlement, Maggie said:

"Emma and her dream team at Fieldfisher have gone above and beyond what I could have imagined throughout this process.

I could not be more grateful to Emma for the support, compassion and incredible knowledge she’s brought to my case and I’m so thankful that our paths crossed. I really appreciated her calm demeanour on our video calls and I knew I was in a safe pair of hands that I could trust to get the best possible outcome for my case. Thank you!"

* name changed

Contact us

For further information about road traffic accident claims and personal injury claims, please call Emma Hall on 0330 460 6754 or email emma.hall@fieldfisher.com.

Alternatively

All enquiries are completely free of charge and we will investigate all funding options for you including no win no fee. Find out more about no win no fee claims.

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