In the recent English case of Andrew Howe v Wayne Houlton and Others, an articulated lorry struck the open drivers door of a car that was parked illegally on the zig zag lines of a pelican crossing. The driver of the illegally parked car was outside the car when the lorry struck. The accident resulted in the lorry running over the driver of the car. The driver of the car sustained significant injuries and losses as a result of the road traffic accident.
The Judge held that even though the driver’s car was parked illegally he should not be found to blame in any way for the accident. The Judge was of the opinion that the road traffic accident could have happened in exactly the same way had the car been parked legally a couple of meters west of its position. The expert witnesses agreed that the lorry driver would have been able to see the car and would have had sufficient time to stop or take action to avoid the road traffic accident occurring.
The Judge found in Mr Howe’s favour and he was awarded compensation for the injuries and losses he sustained as a result of the road traffic accident.
If you have sustained injury or loss in a road traffic accident in the last three years which was not your fault contact Thompsons specialist claims team on 0800 0891331 and they will assist you in recovering compensation for your losses and injuries on a No Win No Fee basis.