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14 March 2005

Union acts in negligent parking road smash

Whiplash from Car Accident

A primary school learning mentor who suffered 18 months of whiplash pain following a road traffic accident caused by a badly parked lorry has received £3,500 compensation through her trade union's legal scheme.

Christine Morton, from Leeds, was on her way to pick up two children who had not turned up at Raynville Primary school, in Bramley. As she tried to turn right onto Raynville Road her view was blocked by a large asphalt wagon belonging to local firm Asphaltic Roofing Supplies. She was hit by a car overtaking the wagon.

The lorry driver, Bernard Wilcox, had parked it there while in his flat having lunch, something he did regularly and which had been complained of by local residents before.

Following the accident, and after four months of pressure, the police stopped Mr Wilcox from parking there.

Negligent for parking less than 10m from junction

An original admission of liability by Mrs Morton's insurers in response to a claim against her by the other car driver was withdrawn after her case was taken up by her trade union Unison and handed to union lawyers Thompsons. The case was tried on 2 March 2005 at Leeds County Court and Mr Wilcox was found to have been negligent in parking less than 10 metres from the junction. He was ordered to pay 50% of the damages and costs.

The remainder was split between the car driver who, even though he was driving at or near the speed limit, should have slowed down when overtaking the lorry, the Judge said, and Mrs Morton for not craning her head around the lorry before pulling out.

Mrs Morton's solicitor Helen Tomlin commented: "This accident holds a number of important lessons for other drivers. First is not to automatically accept what your insurer tells you. Always seek legal advice through your trade union. Second that you can still be found negligent for driving at the speed limit. And finally, if you think dangerously parked vehicles are causing a hazard, inform the police."

Christine Morton added: "This was a terrible experience which not only left me in a great deal of pain, but has completely shaken my confidence when driving. If I had not used my trade union legal scheme I might have ended up having to pay all the damages and costs of the other driver."

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If you or someone you know has been injured in an accident which was someone else's fault, telephone us now for accurate claim advice.

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Thompsons Solicitors are experts in all personal injury matters. We will be able to advise you whether or not you have a valid claim for compensation. Our specialist personal injury lawyers will be happy to talk you through the process of making a claim in plain English and will be happy to answer any questions or queries you may have. If you do have a valid personal injury compensation claim and you decide to instruct Thompsons Solicitors to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for you. Telephone us now on 08000 224 224 or complete one of our online personal injury compensation claim forms.