Success at trial in road accident case

Mrs E was a guest at a wedding in June 2004. After the wedding the guests and the wedding party were congregating outside the church and spilled out into the road.

Our client was standing in the road congratulating the groom when both the groom and our client were struck by a slow moving car driving through the crowds of people. The car's wing mirror struck the groom and snapped off. Luckily the groom was unhurt. Unfortunately the car also ran over our client's foot, fracturing one toe and bruising the foot.

The driver of the vehicle was initially charged with driving without due care and attention. However at a magistrates hearing the magistrates court found her not guilty.

Anthony Gold continued to proceed with the civil claim in any event. This is because the burden of proof is substantially different in the criminal and civil courts and merely because someone's behaviour isn't criminal, does not mean that their behaviour isn’t negligent.

The Defendants in this matter staunchly denied liability. The Claimant made at least two offers to settle the case (including a liability split of 60/40 and 50/50 and offers of £1500 and £1250 respectively). However the Defendants refused to negotiate, maintaining their denial of liability on the basis that the Defendant had not been found guilty in the magistrates court.

In August 2006 this case went to trial at Croydon County Court. Having heard evidence from both our client and the Defendant the judge held that the Defendant in this matter had driven negligently and was 100% responsible for the accident. Our client was awarded £2,200 for her injuries and losses.

What made this a particularly poignant win on our part was the Defendant’s unrelenting refusal to negotiate and consider any form of settlement. We were prepared to run this case to trial and were successful in doing so.