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Female crash victim takes compensation claim to appeal

09th November 2011

The 23-year-old had been crossing a road during a night out with friends in February 2005, when a high-speed police car, driven by a PC, collided with her. The driver had been responding to an emergency call and while both parties attempted to take evasive action to avoid the collision, the female pedestrian was hit and injured in the incident.

In court, the judge found the claimant 75% responsible for the accident having described her as “the worse for drink” at the time, despite evidence to the contrary from witnesses.

The claimant’s personal injury solicitors now say that the county court judge was wrong to find their client’s evasive action as the main reason for her injuries.

Her barrister said, “She was already in the road to be seen by the officer. Her sudden movement was made to get out of the way.

“If she is to be blamed for that, so is the officer, for suddenly swerving.”

He added that the judge “didn’t keep an open mind” about who was most at fault in the car accident and made his ruling “against the weight of the evidence”.

The decision by the three appeal court judges will be made at a later date. Nottinghamshire police have not yet commented on the car accident compensation claim.

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