Road traffic passenger accident claim

In this case, our 22-year-old client was a backseat passenger in a car which was involved in a head-on collision. At the time of the accident, she had removed her seat belt and was flung forward, hitting the windscreen causing extensive facial injuries.

Her treatment involved a consultant dermatologist, an orthopaedic surgeon, physiotherapists, an oral and maxillofacial surgeon, a skin camouflage specialist, a consultation with an expert in carbon dioxide laser resurfacing, cognitive behaviour treatment for PTSD and a Barrister for further specialist legal advice.

The road traffic accident claim was settled by insurers out of court for £57,000, minus 20% for contributory negligence.

What is contributory negligence?

If you're not wearing a seatbelt during a road traffic accident (RTA) and make a passenger claim, your compensation may be reduced due to a legal concept called "contributory negligence," where the court may argue that your injuries would have been less severe had you been wearing a seatbelt.

Contributory negligence seatbelt case

Our client said she had unfastened her seatbelt to view the contents of the driver’s mobile phone, but at the same time, he lost control of the vehicle and collided with an oncoming vehicle.  She was catapulted forward hitting her head against the windscreen, which then smashed, and she also twisted and trapped her leg.

She was taken by ambulance to Manchester Royal Infirmary and kept in for a few days.  She had soft tissue injury to her lower back, left shoulder, right elbow, left thumb and wrist, she also fractured both cheek bones and had ligament damage to her left knee.  She suffered lacerations to her face and scalp, particularly to the bridge of her nose, resulting in 30 stitches.

Following on from the accident, our client had difficulty returning to her work as a carer and remains a very nervous passenger on car journeys.  She was learning to drive at the time and her leg injury has affected her progress.

Her reduced settlement payment of £46,000 took into account the fact that she had unbuckled her seat belt and a deduction was made.

Commenting on the passenger accident claim, Head of Personal Injury, Michael Talbot, said:

“This was an example of a case where we had to obtain expert evidence in a variety of medical disciplines.  This expertise improved the rehabilitation prospects of our client with a view to putting her as close to a pre-accident condition as possible.”

Special Damages vs General Damages

General damages compensate for non-economic losses like pain and suffering, while special damages cover specific, quantifiable financial losses like medical expenses and lost wages.

General damages aim to compensate for the non-economic consequences of an injury, such as pain, suffering, and loss of enjoyment of life. As in this case, her mental anguish and emotional distress and the scarring were taken into account, as well as the fact that she had to be cared for by her parents and the accident continues to affect her use of stairs and ability to enjoy life.

Special damages, also known as pecuniary damages, are designed to compensate for specific financial losses directly resulting from the injury. Examples of special damages can include:

• Other medical expenses and therapies,
• income lost due to being unable to work,
• travel expenses attending medical appointments,
• cost of care and assistance

How can we help?

For legal advice on making a road traffic accident claim if you were a passenger involved in an accident contact our Personal Injury Solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.