The Background

In June 2024, our Personal Injury team was instructed by three clients who were injured in a road traffic collision in Melton Mowbray. The accident occurred when a vehicle registered outside the United Kingdom crossed onto the wrong side of the carriageway and collided with the car in which our clients were travelling.

All three occupants sustained injuries as a result of the collision, with both physical and psychological consequences. Due to the involvement of a foreign-registered vehicle and the seriousness of the injuries, the claim fell outside the Low Value Road Traffic Accident Protocol and required careful management for the claim.

What Went Wrong

Our investigations into the collision showed that there was a series of failures on the part of the driver. These included driving at an excessive or inappropriate speed, failing to keep a proper lookout, ignoring road signs and markings, losing control of the vehicle and crossing onto the wrong side of the road. There was also a failure to brake or take evasive action to avoid the collision, and concerns were raised regarding the condition of the vehicle itself.

The circumstances of the road traffic accident were such that it should not have occurred in the ordinary course of events. There was strong evidence of negligence, occurring as the vehicle crossed into oncoming traffic. We also addressed the issue of vicarious liability, as the driver was acting in the course of their employment at the time of the collision.

Impact of the collision

Unfortunately, each of our clients suffered significant injuries, affecting their day-to-day life.

• One client sustained injuries to the neck, chest, abdomen and legs, along with anxiety when travelling.
• Another suffered a rib fracture and injuries to the neck, back and groin, together with ongoing psychological symptoms.
• The third client sustained a fractured back, collarbone pain and extensive bruising, again accompanied by anxiety when travelling.

All three clients were still requiring assistance from others at the time of our team being instructed. They incurred financial losses, due to travel expenses, care needs and in some cases, loss of earnings due to the injuries sustained. The long-term prognosis was not yet clear and required expert medical assessment.

Outcome

From the outset, our focus was on establishing liability as early as possible, allowing the claim to progress constructively and reducing unnecessary stress for our clients.

Following engagement with insurers and compliance with the Pre-Action Protocol, liability was admitted by the employer. This enabled our clients to move forward away from court, giving them more time to focus on their recovery.

Settlement was achieved for all three clients. Compensation reflected the pain, suffering and loss of amenity caused by the injuries, as well as past and future expenses and financial losses.

How Switalskis Can Help

This case demonstrates the importance of early legal advice and a thorough approach to liability in serious road traffic accidents . At Switalskis, our personal injury team are committed to taking prompt action and maintaining a clear focus on our clients’ needs.

We understand that no two accidents, or recoveries, are the same. We work closely with clients to guide them through the legal process, helping them access the support they need as they move forward after a life-changing event.

If you have been injured in a road traffic accident due to negligence, you may have a claim. Speak to our expert personal injury solicitors today, and let us help you on your recovery journey.