Road worker secures life-changing settlement after being crushed by car in Airdrie

“I knew straight away that my life was going to be completely different.”

Christopher Smith was working to repair a road at Park Street in Airdrie when he was hit by a reversing car and crushed against a JCB digger.

The 31-year-old was shovelling concrete when a member of the public parked his Mercedes-Benz nearby on a steep slope.

When the foreman told the driver he could not park there he attempted to leave but rolled backwards into the work area after failing to complete a hill start.

Christopher’s colleagues shouted to warn him about the car - but within seconds he was pinned against the JCB.

Recalling the accident, Christopher said: “I thought it was game over to be perfectly honest. It was terrifying and I couldn’t feel my legs.”

Police, paramedics and the fire service attended the scene and the road worker was taken by ambulance to the Queen Elizabeth University Hospital in Glasgow where a CT scan confirmed he suffered multiple fractures to his pelvis which would require surgery.

He spent two weeks in hospital before being discharged in a wheelchair with crutches to help him get around at home.

Before the accident Christopher enjoyed playing football and attending matches with friends – but although he was eventually no longer wheelchair-bound, getting around on crutches left him feeling uncomfortable in social settings.

His injuries also meant he could no longer walk the family dog and needed help with basic tasks like washing and dressing.

He said: “It was really hard to adapt at home. I had a metal bar right across the front of my pelvis for months and it made moving around really difficult.

“My wife had to take time off work at the beginning to look after me. I was in so much pain and my thoughts were just going everywhere.”

With his declining mental health and mounting financial concerns due to being unable to work Christopher decided to contact Digby Brown for support.

That’s where he met Nathan McHardy, Associate in our Glasgow office.

Nathan investigated the case and gathered the necessary evidence including witness statements and a police report from officers who attended the scene.

To build an accurate picture of how the accident would affect Christopher’s future Nathan arranged for assessments from a number of independent experts including a pain specialist, orthopaedic consultant and occupational health professional.

These assessments found that his ongoing pain and restricted mobility meant he would be unable to return to manual work or any role involving prolonged standing, walking or heavy lifting.

Christopher had worked in heavy manual jobs since leaving school and had planned to gain further qualifications including a heavy machinery operating licence. His injuries meant those plans were no longer possible.

Nathan knew that securing a settlement to support Christopher’s future was vital given the career-ending nature of his injuries - but there were also more immediate concerns as Christopher and his wife were struggling to keep up with their bills.

As the claim progressed, Nathan arranged for four interim payments to help ease the financial pressure.

An initial six-figure offer was made to settle Christopher’s claim by the driver’s insurer. However Nathan advised him to reject this as he felt it did not properly reflect the seriousness of his injuries or the disadvantage Christopher now faced in the labour market.

Two months later a settlement was agreed which was double the initial offer.

Christopher concluded: “Nathan was always there for me and was really accommodating when I was going through a tough time mentally.

“I had no real expectations but everything was straightforward and I’m over the moon with the outcome.

“Since the accident my wife and I haven’t had much of a life and we missed out on celebrating our 10-year anniversary. The settlement meant we could go away on holiday and look forward to the future now after all the uncertainty.

“The best advice I could give someone else in a similar situation is keep going, life does eventually get better.”