Case Studies

Buses, blame and broken bones

Mrs P, a pensioner, was nearing her stop and stood up to move forward to the front of the bus to make sure she didn't hold up other passengers. Suddenly the bus driver braked hard to avoid an oncoming car which was overtaking dangerously. Mrs P was thrown to the floor with sufficient force to break her nose and shoulder. She needed two operations to repair her injuries. Traumatised and in a great deal of pain, Mrs P came to visit us with her daughter to discuss the possibility of receiving some compensation from the bus company for the injuries she had sustained. The bus driver and the car driver blamed one another for the accident. The bus driver also argued that Mrs P should have remained seated until the bus came to a halt. He believed that because she stood up she was responsible for her own injuries.

There’s many a slip…

Miss S was enjoying an evening out with friends in a restaurant when she slipped on a tiled floor, breaking her wrist. The injury left her in severe pain and unable to work for some time.

The restaurant claimed that they were in no way to blame for the accident as the tiles they had used were described as 'non slip' They also claimed that Miss S had been drinking alcohol and it was this that had caused her to lose her footing. In fact, the restaurant should have had a separate mat covering the tiles to protect both staff and customers.

A fateful step

When 29 year-old Mr D stepped off the pavement he could have no idea how devastating that step would be. A car approaching from his right knocked him down and catapulted him 30 yards across the carriageway. As he lay helpless he was hit by a second car, which also threw him across the road. The driver of the second car drove away from the scene of the accident and was later traced by the police.

Mr D's injuries were so severe that paramedics were surprised to find that he was still alive. Many of his bones were broken and his liver and other vital organs were badly damaged.

Remarkably, he made a satisfactory recovery considering the extent of his injuries, but the long-term prognosis for his health is poor and his earning potential is significantly reduced.

The first and the second drivers’ insurance companies both accepted responsibility for the injuries that their clients had inflicted on Mr D, although it was difficult to establish which impact had caused greatest damage. The case was further complicated because Mr D had stepped out in front of the first car.