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Pedestrian hit by car suffers head and serious spinal injury

Alex* was on his way home after work when he was struck by a car whilst crossing the road.

Alex suffered a spinal fracture at L4, then suffered a traumatic brain injury as a result of collapsing two days later.  The collapse was caused by the injuries sustained in the accident and would not have occurred but for the accident.

The driver strongly denied any liability.  He said it wasn’t his fault as he was driving well within the speed limit at less than 30 mph, was indicating his intention to turn and had not cut the corner on the opposite side of the road when making his turn.  The driver alleged that Alex had stepped out in front of his path without any warning and that he could not avoid the collision.  It was also alleged that Alex was not looking where he was going as he was on his mobile phone.

Liability and causation were strongly contested but were ultimately conceded prior to Trial with Judgement being entered for 100% of any amount of damages to be assessed by the court.

Contributory negligence had been pleaded on behalf of the driver. Alex obtained an award of provisional damages so that he can apply to the court for more compensation if he develops post traumatic epilepsy which cannot be adequately controlled by medication.

As a result of his brain injury, Alex suffered a change in his personality, reduced concentration, memory and information processing speed.  He also lost his mental sharpness such that he would be unable to continue with his career trajectory to the role of Managing Director or Chief Information Officer in a large international company.  His mobility was also restricted due to his spinal injury.

Mark Robinson, Senior Associate in our Serious Injury team,  acted on behalf of Alex and said:

“I am delighted to have been able to support Alex in his difficult claim and recover substantial compensation when for many years, he thought he would not receive any due to the extensive allegations made against him by the Defendant.”

*The names and identifying details of the client have been changed to protect the privacy of the individuals involved.

Author bio

Mark Robinson


Mark Robinson is a Partner in the Serious Injury Department in Manchester and specialises in motorcycle accident claims of the utmost severity and complexity. He understands that motorcyclists remain one of the most vulnerable road users and the effects of an accident are a genuine concern for the motorcyclist and their loved ones. Mark has assisted clients with life changing injuries including brain and spinal injuries, severe orthopaedic injuries and amputations.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.


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