C, who was 29 years old at the date of the accident, was a keen athlete and used to cycle or run to work on alternate days. On 09/02/2010 she was running to work on her usual route when she approached a zebra crossing. She slowed down and looked over her right shoulder to check for oncoming traffic. C could see that there was a cyclist coming but no other traffic. She stopped at the crossing and continued to look up the road. The oncoming traffic was held by a set of red traffic lights approximately 150 metres further up the road.
C waited for the cyclist to pass and then began to cross the road. The road she was crossing was a 2 lane carriageway and C was 75% across the road to the central reservation when she was struck by D's motorbike.
C was thrown several metres through the air before she landed in the road. She was knocked unconscious in the collision and was transferred by ambulance to hospital.
C suffered a number of injuries as a result of the accident, namely:
- Acute subdural haematoma over the left frontal and parietal lobes.
- Fracture of the left superior articular facet of C7
- Fracture of the right hemisacrum extending through the anterior sacral foramina from S1 to S4
- Displaced fracture of the superior and inferior pubic rami on the right side involving the anterior column of the right acetabulum
- Diastasis of the symphysis pubis
C also suffered bruising and cuts to her face, torso and limbs. Following initial assessment and treatment, C was transferred to a specialist unit in another hospital for assessment of her head injury and for surgery to her pelvis. C had treatment for her haematoma and had surgery to insert a plate into her pelvis which remained in situ. She was then transferred to a further hospital for treatment, before being discharged with crutches on 01/03/2010.
Upon her discharge C had to stay with her family for 6 weeks, she was extremely weak, had difficulties with mobility and required assistance with all activities of daily living.
C embarked on a physiotherapy regime for 4 months after the accident. She was due to get married in June 2010 and the accident and resultant injuries led to increased stress as it impacted on preparations for the wedding. C also had to change her mountain climbing honeymoon plans to a less active holiday.
In March 2011 C suffered a further stress fracture to the left femoral neck which was entirely attributable to the accident.
C was left with scarring to her pelvis, head, left shoulder, left lower leg and right ankle as a result of the accident.
C worked as an Actuary and remained off work until 03/05/2010 after which she returned on a part time basis. She was not able to return to work full time till 06/07/2010.
C was a keen athlete participating in running, cycling, skiing, walking, horse riding and rock climbing. She was unable to continue with her sports following the accident and her return to her pre-accident athletic ability was very slow.
C and her husband are contemplating a family in the future, however as a result of the injuries to her pelvis she is unlikely to be able to have a natural birth and will require a caesarean section.
C sought damages for personal injuries and losses suffered as a result of D's negligence. A Letter of Claim was sent to D on 17/09/2010 setting out C's claim. D responded on 14/04/2010 with a denial of liability.
C continued to gather evidence and put forward a Part 36 Offer on 30/04/2012 in the sum of £135,000. D made a counter-offer in the sum of £100,000 plus costs on 26/09/2010 and this was accepted by C.
A rough breakdown of the settlement figure is as follows:
General damages: £50,000
Special damages: £50,000
D also agreed to pay C's costs of the case, which had been run under a Conditional Fee Agreement.
Solicitors for the Claimant: Sarah Towler, Russell-Cooke
For the Defendant: Groupama