INCIDENT CIRCUMSTANCES AND PASSION FOR RUNNING
In August 2019, Tom was on his way to work. He regularly commuted to work by running as a way to exercise and relieve stress. He ran an average of 100km per week. He also completed regular marathons.
On the day of the incident, Tom was running from Stewarton to Kilmarnock on a quiet country road. He ran this route daily. He was approximately 3km into his 13km commute, when a car travelling towards him veered out of control and drove straight into him. His head collided with the windscreen and he was catapulted over the car landing at the side of the road. Shockingly, the driver did not stop.
Thankfully, a passing motorist did stop and assisted Tom by calling an ambulance and also his wife.
Tom was taken to hospital. Astonishingly, he had not sustained any life-changing injuries. However, he did sustain multiple soft tissue injuries to his body, a broken nose, a permanent scar to his forehead and concussion.
The driver of the vehicle alleged she hadn’t realised that she had collided with a person. She thought that she had hit a hedge on her way to work, but was prompted by colleagues to report the incident to the police once they had seen blood on her windscreen. The police asked the driver if she could have collided with a runner and she agreed it could have been possible. The driver was charged with dangerous driving and failing to stop at the scene of an accident.
SETTLEMENT AND THERAPY
At Pedestrian Law Scotland, we intimated a claim on Tom’s behalf to the insurance company of the driver. Liability was admitted early.
Tom made a good recovery from his physical injuries but could not face running on the road following the incident. He suffered flashbacks of the incident. Running had been such a huge part of Tom’s daily life prior to the incident. We recognised that Tom was suffering psychologically and instructed a Clinical Psychologist.
Tom was diagnosed as suffering from Post-Traumatic Stress Disorder. He was recommended a course of EMDR and CBT treatment. We ensured that the treatment that Tom required was funded privately by the third party insurers. By doing this, it allowed Tom to ensure he had full access to the treatment that he required to aid his recovery. We ensured Tom was offered the best care and support.
Once Tom had made a good recovery from his injuries, settlement was achieved with the third party insurers.
WHAT WE DO
At Pedestrian Law Scotland, we recognise how important exercise can be to an individual’s life. Tom not only used running as a form of exercise but also as a stress reliever. It was a key aspect in his life.
Being involved in an incident which leads to an avoidance of running can be extremely frustrating. We worked closely with a psychologist to ensure Tom was provided with the best treatment to aid his recovery.
Tom was delighted with the outcome and said that we “made what is a difficult process very easy. Extremely professional throughout. Would have no hesitation in recommending.”