Pedestrian wins right to claim compensation from council

A pedestrian who suffered serious injuries when she was knocked down by a taxi is to receive personal injury compensation from Newham Council after it was ruled they could be held partly responsible for the road traffic accident.

Pervin Yetkin was crossing the road in February 2004 whilst the traffic lights were against her. She was hit by the taxi, which resulted in her sustaining serious injuries including internal bleeding and a fractured neck.

In her initial action against the council it was found that the accident was her fault and she would not be entitled to receive any compensation. She appealed against this decision, saying that overgrown bushes in the central reservation had obscured her view of the road. At the Court of Appeal in London, three judges found that although Ms Yetkin had herself been negligent, the council did owe her a duty of care, which was breached by failing to maintain and trim the bushes. Lady Justice Smith stated: "This highway authority owed a duty to all road users - whether careful or negligent" and the council were ordered to compensate her for 25% of the damage she suffered.

The amount of compensation payable will be decided at a future date.

If you have been involved in accident that was not your fault, even if you are unsure if you have a valid claim for compensation, contact our expert accident compensation solicitors who will assess your claim for compensation and advise you on a No Win No Fee basis.