Pedestrian receives $600,000 in compensation after being involved in a reversing bus accident
Published 09 Nov 2015
Accident Background Infiormation:-
We acted for Mr P who had gone out with some friends to have some drinks at the local pub. After he finished drinking for the night he was walking home and had crossed the road and walked behind a parked bus. The parked bus suddenly reversed without warning knocking Mr P to the ground and causing him to sustain serious injuries.
Mr P was not sure whether he had any rights to injury compensation from the bus accident but he contacted the offices of Gerard Malouf & Partners and sought advice from one of our senior accredited personal injury specialists.
Mr P was advised that he had an excellent claim that should be vigorously pursued. A Claim Form was served on to the CTP insurance company of the bus who denied liability for the accident.
As a result, Court Proceedings were commenced in the District Court on Mr P’s behalf.
An expert report was obtained from a traffic engineer who had inspected the bus for the purposes of ascertaining whether the monitor that was located near the driver was operational.
The bus was fitted with a reverse sensor monitor and the expert discovered that whilst the reverse camera was working, the monitor wasn’t and therefore the bus driver was reversing blindly. It was clear that the bus driver did not see- Mr P because after striking him he was not aware that he in fact had struck him until a passing pedestrian had notified him that there was somebody lying behind the bus.
The footage that was obtained from the bus clearly showed that the bus driver had reversed without looking and therefore the insurance company were placed in a position whereby they reviewed the decision in relation to liability and whilst they did not change their position on liability, they did agree to participate in a settlement conference.
The parties attended a settlement conference at the offices of Gerard Malouf & Partners and after extensive negotiations the insurer agreed to pay the Plaintiff the sum of $600,000.00 inclusive of costs and disbursements. The settlement represented an excellent result in light of the difficulties on liability.
If you have been injured in an accident whether as a pedestrian or a passenger in a bus or in any other situation where a bus is concerned and you are unsure as to whether you have rights to lodge a claim for compensation under the CTP scheme, please contact one of our many personal injury lawyers so then a free no obligation consultation can be arranged at one of our many branch offices.