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The claimant was crossing a road in an 30 mph zone where there were no facilities such a zebra markings or pelican crossings etc.
It was a relatively busy residential street. After looking both ways he began to cross and had almost reached the opposite kerb when he was struck by a vehicle coming from his left. The pedestrian was literally 2 feet away from the kerb when the collision occurred.
He suffered a broken tibia and severe soft tissue injuries in the accident and was immediately rushed to hospital by ambulance.
The car driver alleged the claimant “appeared from nowhere” and pleaded innocence to the police who attended the scene. The fact was, however, that the evidence at the scene revealed the car driver could and should have spotted the pedestrian who had walked almost the full width of the road – had he been paying proper attention he would have braked and avoided the collision.
He was cautioned for driving without due care and attention.
The claimant was detained in hospital overnight and then released with a plaster cast and told to rest. The cast stayed on for 6 weeks and he was able to return to his work as a dustman within 2 months. He called The Claims Connection for advice on being able to claim compensation because he felt he should be entitled to recompense for his losses.
We advised the claimant that he had a very good claim because he had virtually crossed the road when the accident occurred.