Hit and run accident causes severe brain injury
Digby Brown was instructed by mother and daughter, who were both injured when they were pedestrians walking along a road in Erskine. They were injured when they were walking to their local church. Due to the weather conditions, they required to walk on the road rather than the grass verge beside the road. There were no footpaths available to use. As the daughter was walking along Park Drive, she was struck from behind by a motor vehicle driving along Park Drive. It was a hit and run accident and the vehicle did not stop.
Police investigated the accident but did not issue any formal charges. We were instructed by both mother and daughter to pursue a civil claim for damages against a third party, who was the individual the police believed was the driver involved in the accident. The daughter sustained a severe traumatic brain injury. Proceedings were instituted at the Court of Session. The defenders agents denied that the first defender was the driver. We therefore were required to carry out extensive investigations on liability, which were complex as the investigations by the police were never completed. Despite the significant risk that the court would find that there was no liability against the third party driver, or if the court did find the first defender liable, the pursuer would be found to have significantly contributed to the accident, we were able to secure settlements for both clients.