DK was driving home in the early hours of the morning when he suddenly lost control of his car close to the entrance to a farm. He collided heavily with a nearby wall before being catapulted into the forks of a nearby tractor, which pierced the driver’s side window and collided with his head. DK sustained serious spinal injuries and a severe traumatic brain injury.
DK was unable to recall much of the events leading up to the accident due to his traumatic brain injury. Liability was denied in its entirety and the farmer blamed DK for travelling too fast and not looking carefully on the approach to the farm entrance. Expert accident reconstruction experts were instructed by the parties. Whilst it was accepted that there may have been mud on the road, the key issue and complexity in this case was how much mud was required to cause a vehicle to lose control? DK’s case was made more complex by the fact that in the joint statement, his instructed expert appeared to agree with the farmer’s position on the likelihood that mud was responsible for the loss of control by the car – though he appeared to change his mind again in the lead up to the liability only trial.
Despite these difficulties, Shahram Sharghy managed to negotiate a substantial six figure sum settlement which was approved by the High Court, Cardiff District Registry. The settlement, whilst less than full value, was sufficient to purchase a property for DK and ensure that his welfare and care needs were secured in the future. Shahram was instructed by Samantha Adams of Admiral Law.
