Gran hit by car on Edinburgh’s Royal Mile settles civil action for more than double the original offer

Liz Johnstone hoped a family trip to Edinburgh would leave them with happy memories but their day out on the Royal Mile left her needing surgery.

Along with her husband and granddaughter they planned to explore the city’s Old Town and take in the sights.

They stopped to take a picture of a piper playing to a crowd on Castlehill when a large Mercedes vehicle drove into the back of her knocking her to the ground. 

Completely unaware of what happened, the driver continued forward, driving over Liz’s right ankle.

Recalling the collision from February 2023, the 75-year-old from Inverness said: “At first I thought my husband had bumped into me and I had fallen over.

“Then the pain started and I knew I had been very badly hurt.

“Everything was happening all at once - I was shouting for help but as I was lying on the ground I realised I had been hit by a vehicle.”

The vehicle stopped and a passenger got out to help. 

Initially he thought Liz sprained her ankle and asked her to walk over to the other side of the road but a passing tourist who was an orthopaedic surgeon said she would need hospital treatment. 

The passenger gave Liz and her husband a business card that’s when they realised the car was transporting members of staff from the Royal Household ahead of the King’s coronation ceremony later that year.

Reassured the driver was taking responsibility for the accident, Mrs Johnstone didn’t feel she needed to contact the police.

The grandmother was taken in an ambulance to Edinburgh Royal Infirmary where x-rays confirmed her right ankle was fractured on both sides. She also had severe bruising and soft tissue damage to her knee, shoulder and thigh.

Liz’s ankle was put in a cast but she was told when she got back to Inverness she would need to have surgery to fit a plate with screws to properly treat it.

For six weeks Liz had to use a wheelchair and needed help with everyday tasks like dressing, washing and household chores.

She said: “I’m not a doddering old women so to have my independence taken away from me was very frustrating. 

 “Until this happened I was at classes at the gym up to four times a week and walking miles.

“As well as the physical healing the whole situation was emotionally very challenging. 

“My granddaughter was very upset and had nightmares eventually requiring counselling and I struggled with flashbacks as well.”

Liz continued to suffer pain, stiffness and restricted movement in her ankle as well as anxiety and a depressed mood.

Initially she didn’t want to make a claim as she believed it was an accident but her friends and family encouraged her to seek legal advice. 

When she saw an advert for Digby Brown that’s when she decided to get in touch with the firm. 

Ewen Reid, Associate in our Inverness office, took on the case and gathered key evidence including witness statements, police reports and medical records.

He argued the driver failed in his duty to drive with reasonable care by not making his presence known in a busy street and should have waited until the road was safe and clear of pedestrians.

The insurance company for the other side disagreed and said grandmother caused the accident and her injuries by stepping into the back wheel of the vehicle, but a failure to collect CCTV footage meant neither side could conclusively prove their version of events. 

Both sides were at a deadlock and the claim was escalated to the National Personal Injury Court in Edinburgh. 

The insurers tried to persuade Liz to abandon the case and take the blame for the incident, but this was rejected.

With no offers to settle and both sides refusing to waiver, the case proceeded to a full evidential hearing in Edinburgh. 

Just five minutes before they were due to appear in court an offer to settle was made, with the defenders insisting their version of events would be believed and if she did not accept she would walk away with nothing. 

Ewen advised against accepting this as he believed a Court would find the defender responsible for the accident and she was entitled to more compensation which accurately reflected the impact the accident had on her and her family’s lives.

Due to a lack of court time the case was postponed and shortly after a second offer was made, double the amount of the previous offer. 

Liz concluded: “This was never about the money for me, it was about doing what is right.

“For them to try and blame me for the accident was outrageous.

“I knew I had to make sure they were held accountable and Ewen helped me do that. 

“At times I felt the defenders were calling my integrity into question but Ewen was very reassuring and calming. 

“He guided and supported me throughout the whole process and put me at ease.

“It’s so important people don’t wait for help - I would have no hesitation telling people to go to Digby Brown.”