David Forster (for the Claimant) and Rachel Segal (for the First Defendant’s insured Merecedes Sprinter) have secured success for their respective clients following a two-day trial at Bristol Civil Justice Centre, focusing on a four- vehicle collision on the M4 in Wales that had occurred during the pandemic. Despite hotly debated questions of liability and contributory negligence, the Court found that the Claimant, at the front of the four vehicles, was travelling in his Ford Mondeo behind a further vehicle which had been braking increasingly heavily, when he was caused to brake again suddenly. A Ford Fiesta collided with the back of the Mondeo. A Mercedes Sprinter van stopped just two feet short of the back of the Fiesta before itself being rear-ended by a Volvo HGV which shunted the Mercedes van into the back of the Fiesta. There were no findings of contributory negligence and the Claimant recovered in full for Loss of Earnings and General Damages for Pain, Suffering and Loss of Amenity for Orthopaedic and Psychiatric Injuries.
Not only was the Claimant successful against one of the three Insurer Defendants in damages (with applicable uplift, interest and costs), the claim against Rachel’s Insurer client was dismissed and a Sanderson Order was obtained against the unsuccessful Insurer for the First Defendant’s costs.
David was instructed by NewLaw Solicitors and Rachel by DWF Law.
David is a specialist personal injury barrister who has a balanced practice acting for both claimants and defendants. His practice encompasses all aspects of personal injury and he is regularly instructed to advise on claims relating to RTAs, employer’s liability, highways claims, occupiers/public liability and allegations of fundamental dishonesty. Find out more here.
Rachel is ranked in the directories as a leading junior for Personal Injury, Clinical Negligence, and Inquests and Public Inquiries. In her PI practice, Rachel advises and represents parties in a range of multi-track RTA, Highways Act, employers’ liability and public liability matters. She has particular experience of catastrophic RTA cases involving pedestrians. Find out more here.