A 28-year-old woman has been awarded £5,247 compensation after injuring her neck and back in a road accident involving a tractor.
She had been driving on a country lane when a tractor with a trailer attached to its rear left a field and moved onto the road in front of her.
She tried to overtake the tractor
The woman wanted to overtake the tractor and signalled her intent to do so. As she was passing the trailer, the driver of the tractor signalled his intention to turn right. He turned before the woman had managed to pass him and they collided.
The woman injured the soft tissue in her neck and back in the collision. She had an MRI scan and required physiotherapy. After nearly two years of physiotherapy, her physiotherapist said that her injuries had recovered by 90% but she would never fully recover from the accident.
She found it difficult to do her job
The woman said that the injuries are recurring and she experiences pain most weeks. Sometimes it lasts for up to two days. She has tried several activities in an attempt to reduce the pain including swimming, exercise and acupuncture.
She worked as a student teacher but found it very difficult after the accident as basic aspects of the job such as writing on a board caused her pain. She also found it difficult to carry out day to day tasks such as house work and shopping and relied on help from her family for six weeks after the accident.
Liability was disputed
The woman brought action against the employers of the driver. She claimed that the driver had been negligent in failing to check it was safe to turn and failing to see the woman in the process of overtaking him.
The driver disputed liability. He said that he had checked his mirrors before he turned and the woman’s vehicle was still behind him. The woman didn’t start to overtake him until after he signalled to turn right and as he turned, she clipped the front tyre of his tractor.
The court believed the woman’s version of events and she was awarded £5,247.60 compensation for her pain, suffering and loss of amenity.