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RTA – Hit by articulated lorry
I represented a Claimant who was driving along the middle lane on a motorway when an articulated lorry (left-hand drive) moved to the right without warning colliding with the Claimant’s vehicle. The Defendant due to the size of his vehicle and a blind spot failed to stop and proceeded at speed, pushing the Claimant’s vehicle along the road for quite some distance. The Police attended the scene and an ambulance was on sight at a service station.
This was a high risk, complex case because liability was denied throughout this case until limitation was upon us. There was no independent evidence in support of the Claimants case, as there was no Police report, Paramedics could not be traced and there were no witnesses. The lorry driver also held a foreign driving licence and he was driving his employer’s foreign vehicle, therefore, there were issues with jurisdiction and there were number of potential parties involved.
The Client suffered psychological injuries only, there were no physical injuries.
Once proceedings were served the Defendants made a liability offer on a 50/50 split basis which was rejected. It was the Claimants word against the Defendants due to the lack of evidence. Tactically; a liability offer was made by the claimant on a 25/75 basis in favour of the Claimant which was accepted.
The claim settled following service of proceedings in the sum of £4,350.00 and consisted of compensation for the psychological injuries suffered.