Settlement for family devastated by loss of 'infectiously happy' man who put everyone else first | Fieldfisher
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Case Study

Settlement for family devastated by loss of 'infectiously happy' man who put everyone else first

A blonde woman with long hair, wearing a black top and small hoop earrings, smiles while standing in front of a window. The background shows an out-of-focus cityscape with cloudy skies.
Jennifer Buchanan
A man in a dark suit and polka dot tie stands confidently with his hands clasped in front of him. He has short, neatly styled hair and is posing against a backdrop of a large window with a cityscape view.
Lewis Ayre
 
A view from an elevated position overlooking a busy road with cars and buses, flanked by trees on both sides. In the distance, the skyline of a large city with various high-rise buildings and the iconic Shard building can be seen under a partly cloudy sky.

Jennifer Buchanan and Lewis Ayre settled a fatal accident claim on behalf of the wife and two sons of Mr R who was killed crossing at traffic lights on the Great West Road A4 in London.

Mr R, described by one of his sons as always happy with a 'radiant' laugh, was hit by an uninsured driver with only a provisional licence who immediately fled the scene after causing the fatal injuries. The driver was eventually located and arrested and subsequent evidence showed that he was deliberately slowing to avoid speed cameras and then speeding thereafter.

Despite these aggravating factors, the driver pleaded not guilty and put the family through the pain of drawn-out criminal proceedings. Just before the first day of the trial, he then changed his plea to guilty and was given an 18-month custodial sentence plus a 2.5 year driving ban with advanced testing requirements.

Meanwhile, even though primary liability was not in issue, the defendant alleged contributory negligence based on Mr R crossing the road on a red light, despite that he had almost completed his crossing and other vehicles had noted his presence. This was hard fought and eventually agreed there would be no finding.

Jennifer and Lewis progressed the claim for the loss of dependency, both financial and services, suffered by his wife and sons. The claim settled following a Joint Settlement Meeting.

Mr R's family were devastated by the loss of their father and husband whose generous character dominated their family life with laughter and love.

His eldest son said his father was always willing to give up the little free time he had to make them all happy. His other son described Mr R as so intelligent he was like 'a 'walking encyclopaedia': 'He will always be my role model'.

It was a pleasure to act for such an impressive and kind family.

Mrs R said:

Under the circumstances, it was a pleasure to have worked with Jennifer and Lewis. They made what I thought would be a daunting and stressful process, clear and seamless.

From the moment I met them both at my home I knew myself and the boys were in good hands. They explained from the outset the process, without ever any confusion about what the next steps were.

It goes without saying, I would wish this whirlwind of an experience on no one. However, one conciliation was dealing with such a professional and friendly team.

Contact us

For further information about road traffic accident claims and personal injury claims, please call Jennifer Buchanan on 03304606774 or email jennifer.buchanan@fieldfisher.com, or call Lewis Ayre on 0330 460 6788 or email lewis.ayre@fieldfisher.com.

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Road Traffic Accident Claims