A woman who was hit by a speeding driver while crossing a road in a city centre has been awarded a seven-figure sum in damages.
The vehicle was travelling at about 45 mph – 15 mph above the speed limit – when it struck her as she crossed at a junction. She suffered a number of severe injuries, including a traumatic brain injury. The driver was convicted of causing serious injury by dangerous driving and received a prison sentence.
The driver admitted liability for the accident but contended that the woman's damages should be reduced by 20 per cent as she had failed to take reasonable care for her own safety. This argument was rejected by the judge, who concluded that the driver could have stopped his vehicle at the traffic lights by the junction, but had instead accelerated in order to pass them before they turned red. He had also not been looking at the road ahead of him. The accident happened in a busy area with a large number of pedestrians, and the woman could not have been expected to anticipate that a driver would act in this way. An assertion that her damages should be reduced to take account of her care needs prior to the accident was also rejected.
The woman was awarded a lump sum totalling nearly £4 million, including amounts to compensate her for her pain, suffering and loss of amenity and for past and future care costs and loss of earnings. She will also receive ongoing payments of about £95,000 a year towards her care costs, rising to £180,000 when she reaches the age of 60.