We have recovered damages for Rachel, following a road traffic accident on 16 April 2008.
Rachel was cycling to work in South London and approached the
junction of Raleigh Gardens and Western Road in Mitcham. Rachel
wished to proceed over the junction. The traffic lights were red so
Rachel positioned herself at the front of the queue of traffic and
waited to move off.
On Rachel's right hand side was a large lorry. The lorry was not
indicating and was therefore presumed to also be travelling
straight on. As the lights turned green, the lorry, without
warning, started to turn left, with the result that it collided
with Rachel and her bicycle, and drove over Rachel's body.
The lorry in fact initially stopped whilst still on Rachel's
legs and the driver only moved on hearing witnesses shout at him to
do so.
Rachel was taken by ambulance to St George's Hospital where she was
treated for severe injuries including a badly broken left leg, a
broken right arm, severe damage to her perineum, requiring a
colostomy and massive loss of skin to her left leg which required a
skin graft taken from her back.
Rachel remained in ICU for over a week and remained in hospital
until 30 May 2008 during which time she contracted the C-Diff and
MRSA infections, further compromising her recovery. During this
time she underwent a major procedure to her left leg in which
metalwork was inserted to help heal the double fracture.
Following discharge Rachel required a huge amount of care and was
confined to a wheelchair for a further month, following which she
required crutches for a further three months.
Rachel underwent a colostomy reversal in September 2008 before
requiring a number of further procedures to remove the metalwork
and to try to approve the appearance of the leg as well as
treatment for PTSD.
Rachel is left with severe lymphoedema, which she will have for
life, and which is managed with the use of pressure stockings as
well as significant scarring to her right hand, her chest and both
legs which will require a number of procedures in the future to
rectify.
We were instructed by Rachel to pursue a claim against the driver
of the lorry. Liability was initially denied even though the driver
was charged with driving without due care and attention.
Following the criminal trial in which the driver was convicted
of his charge, an agreement on liability was reached.
Expert reports were obtained from experts in orthopaedic
surgery, vascular surgery, plastic surgery, physiotherapy and
psychiatry in order to accurately quantify Rachel's claim.
Following negotiations with the Defendants Rachel's claim
settled in the sum of £280,000. Rachel will receive this
amount in full as we acted on the basis of a no win-no fee
agreement.
Rachel, was happy with this outcome and commented:
"Mark is extremely knowledgeable on the subject of cycle
accident claims."
At the end of the claim, Rachel's solicitor, Mark Bowman,
commented:
"I am glad that we were able to secure a substantial settlement
for Rachel. Unfortunately as a cyclist she has become yet another
victim of negligent driving at the hands of a lorry driver in
London. The government must take action to ensure that London's
roads are safer for cyclists, who are forming an ever increasing
percentage of London's road users."
For further information or f you would like to
discuss a road
traffic accident compensation claim, please contact
Mark
Bowman on 020 7861 4043 or email mark.bowman@ffw.com