We acted on behalf of 13 pursuers. Proceedings were raised by the executors on behalf of a victim of a fatal accident, and various family members in respect of claims for loss of society/support.

In this case the pursuer was killed when an unattended vehicle rolled down a steep hill and collided with him whilst he walked on the pavement. We raised court proceedings against the driver of the vehicle based on her failure to apply her handbrake when leaving her vehicle parked on a hill. She did not turn her wheels towards the kerb, nor leave her vehicle in gear.

Our investigation

Court proceedings were defended. The driver argued that she had applied her handbrake and that there was a mechanical failure which resulted in the vehicle rolling away. Expert engineering evidence was obtained by both sides in support of their respective positions. This evidence was complex and technical in nature. We had to run simulations using the same type of handbrake to show that the accident couldn’t have been caused as the driver suggested.

Outcome

The case settled in the Pursuers’ favour in the sum of £750,000.