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Whilst driving along the M53 David Tolley noticed a road traffic accident had occurred.  A woman had crashed into the central reservation following a hail storm. Mr Tolley stopped his vehicle on the hard shoulder and crossed the motorway to rescue the woman involved in the road traffic accident.

After Mr Tolley had rescued the woman he returned to the scene of the road traffic accident to try and move the woman’s vehicle out of the fast lane to prevent further accidents. As he was attempting to move the woman’s vehicle another car and a transit van struck the woman’s vehicle and Mr Tolley was thrown 35 feet along the road causing him to suffer serious personal injuries. He fractured his back, suffered spinal chord damage, broke ten ribs, suffered lung punctures and was left paralysed.

Mr Tolley claimed compensation for the personal injuries and losses he had suffered as a result of the road traffic accident. Three large insurance companies representing the drivers, Equity Red Star, Co-operative and Admiral, argued that if Mr Tolley was to be paid compensation it should be at a reduced level because he failed to take reasonable care for his own safety.

The Judge at Chester High Court awarded Mr Tolley compensation for the personal injuries and losses he had sustained. The Judge did not agree Mr Tolley should be found in any way to blame for the accident. The Judge stated “ Exceptional bravery is not the same as foolhardiness. His actions fell within the brave and commendable categories and not the foolhardy”

If you have been involved in an accident, even if you are unsure whether you would be able to claim, contact our No Win No Fee lawyers today on 0800 0891331  and we can investigate matters for you and advise you on your first step towards receiving compensation. 

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