A lorry driver who had an accident during which he collided with a paperboy who was riding a bike has been given the green light to seek HGV accident compensation.
Mark Hammond crashed into the paperboy – Joshua Smith – while he was doing his daily round five years ago. Joshua suffered from a fractured pelvis, a ruptured kidney and a brain injury during the incident, as well as several more minor grievances.
Liability for the accident has been hotly debated, with several key decisions taking place. In the first ruling last year at London’s High Court, it was decided that the driver, Mr Hammond was 40% responsible for the incident. This was mostly due to the fact that he had not sounded his horn before collision.
However, this decision was appealed, and at the Appeal Court last week it was ruled that Mr Hammond was in no way responsible for the incident. It was decided that paperboy Joshua had ridden down a drive way, straight out into the road and in front of the lorry without checking if it was safe to do so. It was stated that Mr Hammond did everything expected of a reasonable motorist and that sounding the horn would have in no way stopped the accident and could not be expected when concentrating on emergency braking and swerving.
This decision means that Mr Hammond is free to claim compensation from the employers of the paperboy – The Co-operative Group Ltd. – for the post traumatic stress disorder he has suffered from the accident.