McCay Legal has successfully secured a five-figure settlement on behalf of a young pedestrian who sustained physical injuries and psychological trauma following a road traffic collision in September 2018.
The case involved an eight-year-old girl who was struck by a passing vehicle while attempting to cross a road in a village shortly after being collected from primary school.
The collision occurred on a clear, dry afternoon in an area subject to a 30mph speed limit. The child’s father had parked his vehicle near a roundabout, and she had exited the front passenger door intending to cross to her parents’ shop on the opposite side of the road.
The young girl maintained that she was standing at the front of the parked vehicle, waiting to cross, when she was struck by a passing car and knocked to the ground.
Establishing Liability
A central challenge in the case was the conflicting accounts of how the collision occurred.
The young girl’s account was that the driver had crossed the white line while carrying out a manoeuvre and, in attempting to avoid an oncoming van, struck her.
The defendant driver disputed this version of events, maintaining that the child had stepped out unexpectedly from behind a parked vehicle and collided with his wing mirror.
Given the differing accounts, McCay Legal instructed an independent forensic engineer to examine the circumstances surrounding the collision.
The expert evidence proved instrumental in strengthening our client’s case, providing important technical insight into the events leading up to the accident and supporting her account of what had occurred.
Physical Injuries and Emotional Impact
Following the collision, the young girl was taken to hospital for assessment and discharged later that evening.
She sustained multiple injuries, including bruising to her arms, legs, shoulders, knee and ear, soft tissue injuries, and a minor head injury accompanied by post-concussion symptoms.
She also experienced significant pain in her right ear, temporary hearing loss and a temporary weakness of the facial nerve, which developed in the days following the accident.
However, the consequences extended beyond her physical injuries.
The collision had a considerable emotional impact, particularly given her young age. She experienced anxiety, disrupted sleep and panic attacks when crossing roads. Returning to school proved difficult, and she became increasingly tearful and anxious.
The accident also disrupted activities she had previously enjoyed, including guitar lessons, which she stopped attending following the incident.
These effects formed an important part of the overall claim, recognising that the impact of a road traffic collision can extend well beyond the immediate physical injuries.
Five-Figure Settlement Approved by the High Court
Following the presentation of the evidence and negotiations between the parties, the case was successfully resolved without proceeding to trial.
The defendant agreed to settle the young girl’s claim, including her medical and legal costs.
As the injured party was a minor, the proposed settlement required judicial approval to ensure that her interests were properly protected.
The High Court subsequently approved the five-figure settlement, with the damages to be lodged in court to the young girl’s separate credit.
The outcome brought the legal proceedings to a conclusion and ensured that compensation was secured on her behalf.
Protecting the Rights of Injured Pedestrians
At McCay Legal, we understand the significant physical, emotional and practical consequences that road traffic accidents can have, particularly when children are involved.
Cases involving pedestrians can present complex questions of liability, especially where the parties provide conflicting accounts of an incident.
This case highlights the importance of thorough investigation, obtaining appropriate independent expert evidence and ensuring that the full extent of an injured person’s experience is considered when pursuing compensation.
Our Personal Injury team is committed to providing clear, practical legal advice and robust representation to individuals and families affected by road traffic collisions.
Injured in a Road Traffic Accident?
If you or a family member has been injured in a road traffic collision, McCay Legal can advise you on your legal rights and the options available to you.
With offices in Derry/Londonderry, Strabane and Omagh, our team provides professional, approachable legal support throughout the claims process.
Contact McCay Legal today to discuss your circumstances.
Every personal injury claim is assessed on its individual facts, and compensation will depend on the circumstances and evidence of each case.
Contact McCay Legal On; 02871 371705
