Bus driver claims compensation for lower back injury

On 13 December 2016, our client, a bus driver for Stagecoach Western was driving a single-decker bus from Ardrossan to Kilmarnock.

He had been driving down Lauchlan Way in Kilwinning, at no more than 20 mph, when a third-party vehicle coming in the opposite direction suddenly veered into his path and collided with the front of the bus. Our client believes the reason the driver veered over was because she was trying to overtake a vehicle whish was moving slowly or preparing to stop in the road.

The collision caused the front of the third-party vehicle to be crushed under the bus, trapping the driver in the car. Police and ambulance services attended the scene, and our client completed a breathalyser test and provided the police with a statement. He has not been contacted by the police since the accident.

There were approximately 12 passengers on the bus at the time of the collision. The third party vehicle had no other passengers.

The consequences

The impact of the third party vehicle hitting the front of the bus caused our client some physical pain. He had muscular pain in both arms from gripping the steering wheel and sustained a soft tissue injury to his lower back. It took him six months to recover from the lower back injury caused by the road traffic accident.

In addition to these injuries, our client has also experienced significant stress in the aftermath of the collision. He has flashbacks and nightmares about the accident, which have caused his employer to refer him to a psychologist.

Because of the incident's repercussions on our client's physical and emotional health, he was forced to take some time off work, from the date of the accident to 9 January (almost four weeks). This absence resulted in our client suffering a loss of earnings – his employer didn't pay him for the first three days of his sick leave and then gave him statutory sick pay for the remainder of his time off.

The settlement

The bus driver's union, Unite, referred the employee to Thompsons and our road traffic accident solicitors acted on his behalf. The defender insurer admitted liability for the accident, and, on 22 June 2017, our client received a settlement of £3,413.40 road traffic injury compensation (inclusive of £437.17 recoverable sick pay).

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