Road Accidents - You Don't Have to Be Blameless to Claim Compensation

Even if you are partly responsible for a road accident in which you suffer injury, expert legal advice will ensure that you are fairly compensated. In a case on point, a care worker who suffered severe brain damage in a collision won the right to substantial damages – despite a judge's finding that she had driven unsafely.

From a standing start, the woman had pulled out into the path of an oncoming car, either in an attempt to turn right or to perform a U-turn. She had to be cut from the wreckage of her vehicle after the other car hit her. The most serious consequence of her head injuries was severe and permanent impairment of her memory.

After lawyers took action against the other driver on her behalf, the High Court ruled that the accident was in part caused by her negligent driving. However, in deciding that the other driver bore equal responsibility for the collision, it found that he had been driving at up to 45mph in a 30mph zone. Had he been driving within the speed limit the impact would have been less severe and might have been avoided altogether.

The Court's decision means that the woman's compensation will be assessed on a 50 per cent liability basis. Despite that reduction, her life-changing injuries are so grave that her award is likely to run well into seven figures.

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