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Trial Uncovers Second Accident: Driver Still Awarded Compensation

Client Stories

Richard was involved in a road traffic accident, resulting in injuries that forced him to take time off work. He contacted Express to make a claim. During the trial it came to light that Richard had been involved in a second accident in the months following the one he was claiming for. With Express by his side, he was able to reject any concerns around credibility and secure compensation. This is his story…

“This turned out to be anything but a straightforward case. Full credit to our team; we possessed the expertise and know-how to mitigate concerns that would have likely thrown many other solicitors off course.” – Amy CassellRTA Operations Partner


Richard, a driver with over 20 years of experience and no penalty points or convictions on his licence, was involved in a collision that resulted in injury.

As he was indicating to leave a roundabout at the next exit, another car attempted to continue around the roundabout and collided with the front passenger side of Richard’s car.

The sudden impact sent Richard’s vehicle into the air, hitting a road sign and crash barrier before landing into the central reservation.

Richard was knocked unconscious for a few minutes until another motorist arrived to check on him. The police were then called, and Richard exchanged details with the defendant before being taken home.

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The Aftermath

Despite not requiring immediate medical attention, Richard’s condition became more apparent in the hours and days following the crash. After contacting his GP, he was prescribed painkillers for neck and shoulder pain and later enrolled in a course of physiotherapy. He also experienced migraines linked to the moments after the crash when he was knocked unconscious. Fortunately, the severity was not as bad as first feared with the MRI results coming back clear for concussion.

In addition to the physical injuries, which also included bruising to his chest, Richard suffered from situational anxiety disorder. This made it difficult for him to revisit the scene and drive his car with the confidence he once had.

Richard’s injuries required a couple of weeks off work, and upon his return, he was restricted to light duties. He also required assistance with daily domestic chores and struggled with sleep. As an avid cyclist, typically cycling three or four times a week, Richard was unable to ride for an extended period, which affected him both physically and mentally.

The First Trial

As we entered the trial, our team was confident that we had put together a strong case. However, as soon as the trial commenced, our circumstances changed. Reflecting on the events, Amy remarked: “We were all set and ready to go when a second accident, occurring months after the first, came to light. This unexpected revelation put us on the back foot. The challenge we faced was that the second accident had taken place during the prognosis period but had not been mentioned in the witness statements provided by Richard, which we had presented to the court.” The judge decided to adjourn the trial.

Preparing for the second trial

Amy and her team were ordered to file a statement addressing the issue surrounding a second accident. A comprehensive statement on Richard’s behalf was put together, which meant going through each medical report with him in detail and explaining why the second accident was never mentioned.

“Going into the second trial, we felt the best result would be 50/50 on liability given the concerns surrounding Richard’s credibility, which we believed may had been undermined given the fallout from the first trial.”

Win at trial  

At the second trial Louise Halliwell, Associate Solicitor in our Advocacy team represented Richard. Louise strongly fought Richard’s case with a thorough cross examination of the defendant, despite the pre-trial concerns, the team managed to win, reaching a settlement of over £15,000.

The settlement included a counsel fee from the first adjourned trial despite it arguably being our client’s fault it was adjourned. If unsuccessful, Richard would have to pay the counsel fee from his damages.

Amy reflecting on the case said: “We were delighted for Richard, and it was a real win for the entire team. Louise did an amazing job and deserved great credit for the result. Cases like this are difficult and require a lot of energy and resolve but we proved we were up for the challenge.”

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