A man who was paralysed after courageously helping a victim of a motorway car accident has won his serious personal injury legal battle with insurance companies.
David Tolley was on his way to work along the M53 when his life changed forever. He pulled onto the hard shoulder after seeing a car crashed in the central reservation. The car in question had spun during the early hailstorm and was now facing oncoming fast lane traffic head-on with the female driver still inside. Mr Tolley helped her out of the car and got her to safety on the verge. Then fearing that another vehicle would crash into the stationary vehicle and cause a serious incident, he went back to move the car. As he was doing this, two vehicles crashed into the stationary vehicle catapulting it down the motorway.
Mr Tolley suffered serious and severe injuries in the accident including, a broken back, punctured lungs, and fractured ribs. Paramedics could not believe that he had survived the incident. He spent seven months in hospital recovering, and is now paraplegic. The insurers of the three cars involved in the incident went to Chester High Court to contest liability for his injuries, by arguing that Mr Tolley was significantly responsible for his injuries by not taking care of his own safety.
The Judge at Chester High Court ruled against the insurance company’s case, praising Mr Tolley’s bravery and courage. Liability was placed squarely with the insurance companies, and the compensation settlement for his injuries will be decided at a later date. The companies were heavily criticised from numerous sources for taking the action against a heroic individual that saved the life of a female driver.