EWJ June 2024 web - Journal - Page 11
brain, spinal, serious orthopaedic and psychiatric injuries. He has extensive experience in dealing with
both accidents in the workplace and road traffic accidents and is a firm believer that every client must be
treated with equal importance, whether their claim is
worth £5,000 or £5million. As such, Ben runs every
claim in the same methodical, aggressive manner with
the ultimate goal of achieving the best possible outcome.
Pedestrians
The changes I refer to above made in 2022 to the
Highway Code introduced a new hierarchy of road
users who are most at risk in the event of a collision. At
the top of that hierarchy are pedestrian, who it goes
without saying are the most exposed and therefore
the most vulnerable of road users. Whilst arguments
of contributory negligence may be less likely in cases
involving pedestrians, there is no doubt that it can still
apply and examples of where this will be raised in such
case might include:-
Building a good rapport with his clients is of utmost
important to Ben, ensuring that he is there to support
them in their rehabilitation and recovery every step of
the way, an aspect of his role that he thrives off. Ben is
always eager to arrange rehabilitation for his seriously
injured clients as early on in the claim process as possible, as that can at times, be a very long one. In addition to recovering damages, Ben is particularly keen to
do all he can to expedite his clients’ recovery.
l Crossing a road on a red light;
l Crossing a road at a point other than a designated
crossing;
l Crossing the road whilst on your phone;
l Stepping out from between parked cars to cross
a road;
l Running across the road directly in front of an
Pursuing his work with commitment and determination, he takes pride in the fact that he has always built
and maintained strong and trusting relationships with
his clients. They know he is on their side and will fight
as hard as he can to secure the best settlement
possible for them.
approaching vehicle;
l Wearing dark clothing at night.
Once again, this is not an exhaustive list, but we do see
many cases where the above factors have played a part
in an accident and that is particularly the case in claims
involving children. There will always be a greater onus
on a driver of a vehicle over a pedestrian by virtue of
the fact that, as reported in the case of Eagle v Chambers (2003), Hale LJ noted that a car is “potentially a
dangerous weapon”. However, whilst pedestrians are
now afforded even more protection than ever following these changes to the Highway Code, they still have
a duty of care to themselves to use and cross roads in
as safe a manner as possible.
Ben is recognised in The Legal 500 Directory as a key
lawyer
Ben.simons@anthonygold.co.uk
www.anthonygold.co.uk
As a matter of course, I always explain to my clients at
my very first meeting with them that, until I have seen
all of the evidence, contributory negligence will remain a live issue and one which the insurers may well
seek to raise. It is always advisable to inform your client
of this possibility at the very first meeting so that it does
not come as a surprise to them in the inevitable case
that the insurers make such an allegation. It will then
be a matter of closely analysing the evidence to determine whether contributory negligence should apply
and if so, to what extent.
Mr Aruni Sen
UK CONSULTANT
MBBS, MS, FRCS (ENG & EDIN),
FRCEM, DIP.MED.ED
Medico-legal repor ts for trauma,
personal injur y & acute emergencies
of any nature; medical review for clinical negligence;
clinical exper t witness for cour ts, shor t review repor ts
* Disclaimer: The information on the Anthony Gold website
is for general information only and reflects the position at the
date of publication. It does not constitute legal advice and
should not be treated as such. It is provided without any representations or warranties, express or implied.*
on minor injur y claims. MedCO & CPR par t 35
accredited; ICO registered. APIL exper t
Area of work; Wrexham, Nor th West of England
and the Channel Islands
Contact, all postal communication to:
About Ben Simons
“My drive is to help
my clients with both
their long term and
immediate needs and
to make the claim
process as seamless as
possible for them”
TY YNYS, 4 Sables D’Or, Les Grandes Rocque
Castel, Guernsey, GY5 7FS
Alternate Address (no posts please):
40 Acton Hall Walks
Wrexham, Nor th Wales, LL12 7YJ
Tel: 07779 529026 (Mr s. Jacqui Davies, Secretar y)
Mobile: 07931 542759 - 07839 755001
Ben is a Senior Associate in our Injury and Medical
Claims team. He has been helping those who have suffered serious and life-changing injuries for over 17
years, with particular expertise in claims involving
EXPERT WITNESS JOURNAL
Email: thesens@msn.com
Fax: 01481 258472
9
JUNE 2024