We helped a client who was travelling in a Toyota Yaris with her family when it was rear ended by another vehicle and shunted into the stationary vehicle in front.
The defendant driver’s insurers alleged that he was not responsible, claiming that he had been hit from behind by another vehicle which allegedly pushed his vehicle into rear of the client’s vehicle. Nevertheless the defendant was successfully prosecuted for careless driving.
The client, who was seated on the rear seat and was asleep at the moment of impact, was not wearing the fitted lap belt. The evidence showed that had she done so the injury would have been less severe. She sustained a lap belt fracture of the T12 vertebrae and a transverse fracture through the spine.
A deduction in damages was agreed for the failure to wear a seatbelt and the client received net damages of £35,000.