Pedestrian Secures £350,000 Settlement Following Serious Road Traffic Accident
A pedestrian in their 70s secured a £350,000 settlement after suffering life-changing brain and orthopaedic injuries in a road traffic accident. Liability was agreed on an 80/20 basis, with court-approved damages funding ongoing care, accommodation and Court of Protection support.
Published: January 27th, 2026
2 min read
In 2021, the Claimant was crossing the road when the Defendant turned right from a main road into a side road and collided with them, causing serious personal injury and consequential loss.
The collision resulted in the Claimant sustaining a significant head and brain injury, together with multiple orthopaedic injuries. The injuries consisted of a left tibial plateau fracture with an associated fibular fracture, a left acromion fracture, and a fracture of the L1 vertebra.
The Claimant was in their 70s at the time of the accident and had led a straightforward and independent life before hand. The injuries proved to be lifechanging. The Claimant was no longer able to care for themselves and became effectively housebound, unable to mobilise without support or manage their financial affairs. As a result, a Court of Protection deputy was appointed to act on their behalf.
It was alleged that the driver of the car had:
failed to keep a proper lookout
failed to observe or heed the Claimant’s presence
drove at an excessive speed
failed to give any warning of their approach.
failed to observe that the Claimant had already crossed the first lane of the road and was beyond the centre white line, in a position clearly within the Defendant’s field of vision.
failed to keep to the nearside of the road
failed to sound their horn
failed to adjust their driving despite being in a built-up area where pedestrians were likely to be present.
failed to slow down, stop, or otherwise manoeuvre their vehicle so as to avoid the collision.
The Defendant’s insurers accepted primary liability but argued that the Claimant was contributorily negligent, alleging they were under the influence of alcohol and had failed to keep a proper lookout.
Court proceedings were issued, and liability was ultimately agreed on an 80/20 basis in the Claimant’s favour.
The case was further complicated when the Claimant suffered a stroke, which was unrelated to the accident injuries. Despite this, the Claimant recovered £350,000 in damages, which were approved by the court.
Injuries | £110,000.00 |
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|
PAST |
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Care | £17,000.00 |
Travel | £700.00 |
DIY | £1,000.00 |
Miscellaneous | £687.00 |
Case Management | £16,756.99 |
Accommodation | £8,823.44 |
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|
FUTURE |
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Care | £34,650.00 |
Case Management | £11,000.00 |
Court of Protection | £70,900.00 |
Accommodation | £25,830.00 |
Therapy | £5,000.00 |
Lost Years | £40,680.00 |
The damages will be used to support the Claimant with their ongoing needs and maximise their quality of life in light of a shortened life expectancy. A case manager will assist in coordinating appropriate care and support, with the aim of improving the Claimant’s day- to- day wellbeing.
How Forbes Solicitors Can Help You
Our expert no win, no fee solicitors will discuss your personal injury claim with you and ascertain whether you have a viable claim and a strong chance of success. We offer services nationwide. We can offer consultations by telephone or video call, or in any of our branches across the UK. Our no-win, no-fee solicitors will focus on recovering maximum compensation for your injuries quickly.
If you have experienced an injury at work or need legal guidance, our team is here to help. For more information or to discuss your case, contact our Personal Injury division.
For further information please contact John Bennett
