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April 1st 2021

Road Traffic Accidents

Driver at fault for hitting mother and daughter as they crossed road having visited ice-cream van

Alexander Garven

Alexander Garven

Litigation Executive, Personal Injury

Driver at fault for hitting mother and daughter as they crossed road having visited ice-cream van

Hudgell Solicitors has secured £25,000 compensation for a woman who suffered a broken leg when she was hit by a driver as she and her eight-year-old daughter crossed the road having visited an ice-cream van.

Hudgell Solicitors has secured £25,000 compensation for a woman who suffered a broken leg when she was hit by a driver as she and her eight-year-old daughter crossed the road having visited an ice-cream van.

Fadouma Ahmed took the brunt of the collision, which happened in June 2019, suffering a fracture to her right knee tibia and soft tissue injuries. Her leg was in a brace for two months and she had to use crutches.

Mrs Ahmed’s daughter, Umo, suffered no broken bones but did suffer a cut and scarring to her face, above her eyebrow. Hudgell Solicitors remain in discussions with representatives of the driver’s insurers over a damages claim on her behalf.

Fadouma’s husband, Mahad, said: “This accident was a shock to us as a family and had a big impact on family life. Thankfully Fadouma has now made a good recovery physically, and we were of course thankful that Umo didn’t suffer any major physical injuries.

“However, it has impacted on her psychologically and she is very anxious now, and also upset by the scarring. It has had a long term impact.”

Pedestrian accident compensation claim – The legal case

Mr Ahmed instructed Hudgell Solicitors to represent the family. He acted as his wife’s ‘litigation friend’ for the claim due to her having only a basic understanding of English.

Our specialist personal injury team made representations on behalf of Mrs Ahmed and her daughter to representatives of the driver’s insurers, claiming their dangerous driving had been the cause of the injuries suffered.

These allegations were not contested and liability was admitted in both cases without the need to go to court.

This paved the way for settlements to be negotiated, with an offer of £25,000 damages agreed on behalf of Mrs Ahmed in recognition of her pain, suffering and loss of amenity, and for the care her husband had to provide to her when she was immobile.
Damages are still to be agreed with regards the injuries suffered by Umo.

Hudgell Solicitors comment

Hudgell Solicitors’ expert pedestrian accident claim team said: “We have been very pleased to support this family in pursuing compensation for what happened to them and we continue to represent them with regard to Umo’s psychological injuries, which are still being assessed.

“Obviously, this was a typical summer scene which is replicated across many residential estates when the local ice-cream van appears and those well-known musical chimes cause excitement amongst families.

“Mrs Ahmed and her daughter had visited the ice-cream van and were crossing the road having emerged from the front of it. Obviously, in these circumstances there is an obvious expectation and requirement for drivers to be aware of the situation and adapt their driving given the likelihood of there being lots of children around and the possibility that people may crossing the road.

“In this case, this particular driver passed the ice-cream van and showed no consideration for the environment they were in. As Mrs Ahmed and Umo stepped out they were hit directly.

“We have very much appreciated the defendants admitting the driver’s full liability for the accident as this enabled us to quite quickly reach a damages settlement which the family were pleased with regards Mrs Ahmed’s injuries.

“Sadly we see accidents like this far too often. Careless driving in built-up, residential areas can have devastating consequences, and although summer days bring better visibility and light, it is also a time when more families are on the streets.

“It has been a privilege to represent Mahad and Fadouma. They are a lovely family and whilst we are never able to change what happened, or remove the pain they suffered, it is pleasing to be able to secure the compensation they deserve, which we are seeking to do on behalf of Umo too.”

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