CC v DW
CC was 14 years old at the time of the collision and playing near to the junction of a cul-de-sac with a friend when a car, driven by DW, turned left into the junction and collided with him. CC suffered a serious eye injury which had permanently affected his sight. CC had been playing in the road on a skateboard and it was the Defence case that CC had been laying on the skateboard at the time of the collision thus out of the view of DW as he negotiated the junction.
In the absence of any independent witnesses FCIR analysed a series of subtle cleaning marks found by Police on the car along with DW’s view from the vehicle. From the conclusions drawn combined with accurately positioned photographs and video to illustrate driver view, FCIR were able to demonstrated that CC was in fact bending over at the time of the collision and in view of DW as he turned into the cul-de-sac. FCIR presented their findings to the Court and CC was awarded 100% of the claim.
"I instructed Steve Cash of FCIR in a rather unique case involving a child who was run over whilst lying on a skateboard. The main issue was whether my client was visible to the Defendant driver as he pulled into a cul-de-sac. This depended on whether he was standing, bending over or lying on his skateboard when the Defendant arrived. The Defendant’s RTC experts adduced computer generated images showing the Defendant’s likely field of vision prior to the collision. We took a different and novel approach. FCIR built a life-size model of the Claimant in various positions. They then filmed a driver’s eye view of the approach to the collision locus.
This case proceeded to trial and both Parties’ RTC experts gave oral evidence. I was very impressed with how robust Steve’s oral evidence was and his ability to clearly and concisely explain his views to the Judge. He was willing to listen to the Defendant’s expert’s arguments but offered alternative explanations for their findings. We were successful at Trial and the Claimant received 100% of his award of compensation.
I would not hesitate in instructing FCIR again in the future."
David Preston, Irwin Mitchell
