Interesting case this. Basically due to a poorly maintained road where the drop off the bitumin to the verge was 6" deep a womans car wheels got stuck and as she tried to get back on the road over corrected and hit a tree. Some serious injuries.
After some debate in court looks like a 50/50 responsibility, she was driving at 45mph on a 60mph road but the road was icy.
Whole story here:-
BBC News - Council faces large crash payout
But no more dodging the issues and roads should be relatively safe.
Quote:
However, Lord Justice Wilson, sitting with Lady Justice Arden and Mr Justice Henderson, said the council "could reasonably have been expected to know that the height of the drop-off was likely to cause danger to users of the highway".
The court's decision opens the way for Mrs Russell to seek compensation for her injuries, which her solicitor husband, Colin, 54, said is likely to come to £500,000, even on a 50% liability basis.
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The interesting thing is her hsband is a lawyer, not sure how far things would have got for ordinary folk.
http://news.scotsman.com/uk/Mother-t...ter.6069721.jp Quote:
Crash victim 'could get £500k'
Premium Article !
Published Date: 13 February 2010
By ANGUS HOWARTH
A MOTHER badly injured in a crash partly caused by a poorly maintained road verge could receive £500,000 compensation after an Appeal Court ruling.
Judges said West Sussex County Council breached the duty it owed to Sarah Russell, 53, who now lives in Moffat, near Dumfries.
The council argued it was being unfairly burdened with an impossibly high standard of highway maintenance, but the judges found West Sussex 50 per cent liable for Mrs Russell's injuries.
She was in a coma for five months after the crash.
Mrs Russell was driving on a frosty morning in March 2004 when her VW Golf left the A29 and hit a tree. While within the speed limit, it was accepted she was going too fast for conditions.
Husband Colin, 54, a solicitor, said she was likely to win half a million pounds or more. |
14th February 2010, 03:41 PM
£500,000 Payout| car hits tree| Sussex Council UK 
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