Damages recovered for passenger following a collision on the hard shoulder

Hatch Brenner Solicitors Chartered Legal Executive, Simon Bransby, recently recovered damages for a client following a road traffic accident.

The Claimant was travelling as a passenger in a four-wheel drive pulling a horse box. The vehicle broke down and the driver pulled over onto the hard shoulder of a motorway. It was in the early hours of the morning and therefore dark. All occupants vacated the vehicle and were out on the motorway embankment, except for the baby of another passenger who was left inside. A lorry veered onto the hard shoulder and hit the horse box attached to the four-wheel drive the Claimant was travelling in.

The horse box was heading towards the Claimant when she was pushed out of the way over the railings by one of her fellow passengers. Fortunately, the baby that was left in the vehicle was unharmed, but sadly the horse died from its injuries sustained in the collision.

Some of the Claimant’s friends, and fellow passengers, suffered severe injuries. One required an air ambulance to transport them to hospital. The Claimant was fortunate to suffer only cuts and bruises as physical injuries but the trauma of the incident affected her extensively psychologically.

The case was not helped by the Defendant denying responsibility. The lorry driver was clearly to blame, probably having fallen asleep at the wheel of his vehicle. Using CCTV footage, Simon was able to show the lorry driver crashing into the horse box without the use of brake lights or any effort to avoid the collision.

The lorry driver’s insurers eventually admitted responsibility and agreed to settle the claim. The Claimant’s psychiatric and psychological injuries required a psychiatric report which showed she had suffered quite unpleasant problems. Several years on from the original accident, she still has not recovered and further treatment was recommended.

The Claimant was offered a five-figure sum of money to settle the claim.

If you have been in a motor collision in the last three years and want to pursue a claim, please get in touch with us on 01603 214 220 or email [email protected].