Mr Sean Morley* was working as a lorry driver delivery loads to a dual carriageway where construction work was going on at the side of the road. One lane of the dual carriageway had been coned off and Mr Morley had to drive down the slip road, on to the carriageway and then reverse back up the closed off lane. He got out of his vehicle to release the tail gate. He returned to the cab when as he opened the door of his vehicle a passing vehicle in the next lane struck the door of the vehicle causing a serious fracture to the Claimant’s finger.

The cause of the accident was inadequate systems in place on the site for the control of traffic which meant that there was not enough space allowed for the Claimant to open the door of his vehicle. The construction company should have created a wider safety zone so that Mr Morley could safely get in and out of his vehicle. Other measures, such as closing an extra lane at certain times of the day and better planning of deliveries to the site could have prevented the accident. The contractors involved denied liability. Levenes obtained a report from an expert in highway and traffic management who advised that there had been breaches of the Traffic Signal Order which sets out provisions for safety zones when workers are working on the highway.

The contractors never did admit liability but after having seen the expert report negotiations began and it was then possible to agree a settlement.

Mr Morley was off work for a few months but he was able to return to work. His injury does hamper some activities around the house such as DIY and it also ruined a holiday that he had booked at the time of the accident. The settlement reflected his injuries and other financial losses caused by the accident.

Tim Beasley, Personal Injury Partner at Levenes Birmingham Office said “The settlement was fair for Mr Morley but it was a frustrating case as the Defendants denied liability even when their negligence was very obvious. Thankfully, with the right expert opinion, it was possible to secure a good result for the client.”