Multi-million settlement for pedestrian with brain injury
The importance of CCTV footage in accident claims
CCTV analysis once again proves vital in severe brain injury case
Levenes Solicitors are involved in a number of serious injury cases where the analysis of CCTV can be important, if not vital, to the case.
In our previous case study, Mr Hernandez v Mr Acar, it was crucial to establish how fast our client was riding his motorcycle after the police had made a mistake in their calculation of the speed.
Levenes have recently settled another case where CCTV was important.
Can a pedestrian claim compensation if he was intoxicated at the time of the accident?
The Claimant was walking along a road in an intoxicated state when a car hit him. The car hit him from behind.
CCTV from buildings and from a bus showed both the car and the man. From this, experts were able to work out the speed of the car and the speed of the pedestrian and how long the man had been in the road, and therefore how long he had been there to be seen.
It may be thought that if you are drunk and walking down the road and then you are hit by a car, you are to blame for what happens, but it must be remembered that the courts have said, time after time, that when you are driving a motor vehicle you are in control of a potentially lethal machine. You must keep a proper look out.
The driver in this case was the only person who had not seen the pedestrian. He was seen by other motorists who took action to avoid him. The Defendant, however, did not and did not even realise that she had hit anyone. The Defendant car driver is therefore liable.
That does not mean the pedestrian escapes blame – a pedestrian who is not even looking towards approaching traffic and is walking along the road is partly to blame and will be found liable for contributory negligence. The fact that the pedestrian had been drinking is not decisive on its own. It is not negligent to be drunk but if you walk along the carriageway of the road with your back to the traffic, then that is contributory negligence.
In serious injury cases, Levenes will recommend that any CCTV is properly analysed and considered.
Police investigators do not always accurately assess CCTV and sometimes make errors of calculation when they assess speed.
We understand the impact that brain injury can have upon you
Our specialist brain and head injury solicitors have been successful in some of the most complex brain injury claims. Levenes expert brain and head injury solicitors really understand how serious this type of injury can be and the many problems people suffer.
You will need expert advice on what action you can take to obtain accident compensation. You can trust in the experience and knowledge of our team of professional serious injury lawyers to ensure that you receive the maximum amount of compensation that you are entitled to.