Bankstown jogger receives significant compensation after being struck by driver cutting the corner in the early hours of the morning

Published 22 Nov 2017

Our client was and elderly gentlemen jogging in the early hours of the morning for his 6 am usual jog in the Canterbury Bankstown area, which is south west of the Sydney Central Business District in the state of NSW.  As our client was crossing the roadway not far from where he was living an oncoming vehicle turned and cut through the corner and collided into our client at high speed, causing him to be thrown a significant distance from the point of impact.

Our client suffered significant head injuries as well as various fractures and physical injuries. Police attended the scene of the accident. Our client had no recollection of the accident from the point in time from being hit. He was initially taken to Bankstown hospital by ambulance. Due to the severity of his injuries he was transferred by ambulance to Liverpool hospital for trauma treatment.

Police attended the scene of the accident and obtained a statement from the driver. They were not able to obtain a statement from our client for some time later due to the full extent of the injuries arising from the accident. It was clear that the driver did not indicate to the police the full extent of the circumstances prior to the accident. There were other witnesses. Our client was carried on the bonnet on the insured driver’s motor vehicle for a significant distance before being dropped onto the road from the point of impact. Our client was a fitness fanatic and a marathon runner for over a three decades. He had received many awards over many years. He was always a safety conscious person particularly being a jogger for so many years.

We lodged our clients claim form and the insurer undertook a thorough investigation of the circumstances of the accidents and came to the conclusion that their insured driver was at fault in causing the accident.

Although the police did not charge the driver it was clear to us that this was due to our client not being able to recall the circumstances of the accident due to his head injury. It was also clear us that the insured driver had not been candid of frank with respect to the circumstances of our client’s accidents. This would clearly become the case later on after the insurer of the insured driver undertook their own independent investigation of the accident and made a determination of accepting liability in that they found that there were faults on behalf of their insured driver in causing the accident.

After making that determination the insurer paid for all of our client’s reasonable and necessary treatment expenses as requested by his treating doctors and specialists. After our clients treatment has been completed and his condition had been stabilised we arranged for him to be independently medically examined and assessed. The insurer also arranged for our client to be independently medically examined and assessed. Once they received their own medico-legal assessments the insurer accepted the severity of our client’s injuries and his entitlements for damages for compensation under the legislation.

We submitted a claim for non-economic loss for permanent impairment for pain and suffering, past treatment expenses, future treatment expenses, past care and future care plus legal costs.

We provided the insurer with detailed particulars as to the full extent of our clients claim and a schedule of damages of the heads of damages of compensation we were claiming in the matter.

The insurer thereinafter requested for an informal settlement conference for the purposes of discussing the claim in terms of the issues and the value of our clients claim. After a number of hours in the informal settlement conference discussions the insurer agreed and was ordered to pay out client a substantial award in compensation for his injuries, losses, and damages, plus legal costs.

Our client was very pleased with the outcome of the settlement in that it verified his confidence that he was telling the truth as the manner of which his accident occurred and that the insured driver did not provide the police with a true or a full version of the circumstances of surrounding the accident.  Our client received substantial vindication in the situation where the insurer on behalf of the insured driver was ordered to pay him a substantial award of damages in compensation for his injuries, losses and damages arising from the motor vehicle accident.

Conclusion:-

If you are a pedestrian who is involved in a motor vehicle accident in which you have suffered serious injury and that you are not at fault for, you may be entitled to receive a substantial award of damages in compensation for your injuries due to somebody else’s negligence on the road.

In this case, our client was a pedestrian who was struck by the insured driver when he was cutting the corner when he came around the bend of the street and he struck our client at quite a high speed. Our client was carried for many metres on the bonnet of the vehicle and landed some distance from the point of impact. Due to our client not being able to recall the full circumstances of the accident, the Police did not charge him. However, the insurer undertook their own independent investigation of the accident and accepted liability and fault on behalf of their insured driver.

After our client was medically examined and assessed, he undertook extensive treatment and when his treatment was complete, we arranged for him to be independently medically assessed. Once the insurer had accepted that he suffered from severe injuries, they arranged for an informal settlement conference between the parties and they were ordered to pay our client a substantial award in damages in compensation for his injuries, losses and damages arising from the motor vehicle accident, including payment of his legal costs and disbursements in pursing the claim.

For a free no obligation consultation, please contact our toll free number on 1800 004 878 so that an appointment can be arranged for you to attend our office to protect your legal rights that you may have arising from any motor vehicle accident in which you are injured and you are not at fault for due to the negligence or fault of another party/driver.