The idea that you cannot achieve compensation for road accident injuries if you were in any way to blame for what happened is simply wrong. This point was made by the case of a vulnerable pedestrian who was hit by a car as he crossed the road when the traffic lights were against him.
The car was travelling at 40mph when it went through a green light at a controlled crossing and struck the pedestrian. He sustained horrific injuries to his head, ribs, neck, shoulder and elbow. Already a vulnerable individual before the accident, he is now incapable of making decisions for himself.
After a personal injury claim was made on his behalf, the motorist's insurers disputed liability on the basis that he had stepped into the road when it was unsafe to do so and that the accident was his own fault. Following negotiations, however, they agreed to settle his claim for 60 per cent of its full value.
The High Court approved that compromise and sanctioned an interim payment of £50,000 to cater for his immediate needs, as he was living in unsettled circumstances and desperately required rehabilitation and care. The full amount of his compensation will be decided at a later date.