A 35 year old woman, received £17, 467 for psychological injuries sustained in a road traffic accident involving a collision with a lorry in September 2005. She developed a specific situational type phobia that affected her everyday life in that she became an anxious driver and passenger who changed her vehicle, times and routes of her journeys to avoid traffic and large vehicles, and relied on others to drive whenever possible.
The Accident:
In September 2005, the claimant (the 35 year old woman) was driving a vehicle which was sideswiped by an articulated lorry driven by the employee of the defendant. After the collision, the driver failed to stop and the 35 year old woman chased after the lorry and motioned for it to stop. Upon pulling over, the driver responded aggressively to her.
The woman sustained injury and brought action against the defendant, alleging that its employee was negligent in failing to keep any or any proper look out, failing to apply his breaks in time or at all, colliding with the claimants vehicle when by exercise of reasonable driving skill and care such a collision could and should have been avoided. Attempting to filter past the claimants vehicle when it was clearly unsafe to do so by reason of the presence and position of her stationary vehicle. Liability was admitted.
Injuries:
The claimant suffered psychological injuries.
Effects:
The 35 year old woman had a specific situational type phobia requiring eclectic psychological therapy of a cognitive nature to treat her anxiety. She suffered from excessive, marked, persistent and unreasonable fear which affected her everyday life in that she became an anxious driver and passenger who changed her vehicle, times and routes to avoid traffic and large vehicles, and relied on other to drive her around whenever possible. After four and a half years, in which she underwent over 45 private therapy sessions and 10 advanced driving lessons, the claimant reached a level where her symptoms were manageable on a day to day basis but she did not fully recover.
Prognosis:
Following the conclusion of the psychological treatment and advanced driving tuition, the claimant reached a level of recovery where the injury symptoms were no longer intrusive or affected by her life, but she was felt not to have returned to her pre-accident level, nor would she.
Out of Court Settlement: £17,467 total damages
Breakdown of General Damages:
Pain, suffering and loss of amenity: £10,000; Future cost of advanced driving lessons: £250
Breakdown of Special Damages:
Past counselling costs: £6,715; Past miscellaneous costs: £502.
