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Man Struck Down by Hit-and-Run Driver Secures £5.2 Million Damages

Not every accident victim is entirely blameless, but personal injury lawyers do not let that stand in the way of obtaining desperately needed recompense. In one case, a much-loved family man who had been drinking before he was struck down and gravely injured by a hit-and-run driver received seven-figure damages.

The man had been on a night out with friends and was walking along a road in the early hours of the morning when the car struck him. He suffered a traumatic brain injury when his head hit the windscreen and faces a lifetime of serious disability. The driver of the car subsequently received a six-month prison sentence and a two-year driving disqualification after pleading guilty to causing serious injury by dangerous driving and failing to stop after an accident.

The driver's insurers did not dispute primary liability for the accident. However, they alleged that the man was in part responsible for his own misfortune. They argued that he was in an inebriated state when he strayed into the road, that the effects of alcohol contributed to his failure to notice the car or take avoiding action and that he should have been wearing high-visibility clothing.

The insurers initially argued that the man bore 50 per cent of the responsibility for the accident. However, following negotiations, they agreed to settle his case for £5.2 million, that sum representing 80 per cent of the full value of his claim. Approving the settlement, the High Court found that it fairly reflected the considerable litigation risks involved in the case.

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