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When a night out ends in injury: Know your rights

By John McQuater

Published In: Personal Injury

A fun night out with friends should end with good memories, not a trip to the hospital. Unfortunately, for teenager Colin Lowe, a lively party and a rush to catch the last bus home resulted in a serious injury that could have been avoided. Here's what happened, what Colin learned, and how UK laws provide support in such situations.

young man with broken leg

The night out that went wrong

Colin and his friend had been enjoying themselves at a party when they realised it was almost time to catch the last bus home. They hurried through the streets to reach the bus interchange, not an easy task with his friend’s unsteady footing. Just as they made it to the zebra crossing near the bus interchange, Colin spotted their bus and tried to flag it down.

What happened next was a nightmare. The bus driver, perhaps distracted or inattentive, failed to stop as Colin jogged alongside the vehicle, waving for attention. The bus veered closer, knocking him down, and its wheels ran over his legs. The accident left Colin with a broken right leg and significant injuries to his left foot, requiring surgery, weeks of recovery, and a long road to regaining his independence.

Could the accident have been avoided?

Under UK laws , bus companies and their drivers have a duty of care to ensure passenger safety. This extends not only to those onboard but also to pedestrians in the vicinity of the vehicle. The Highway Code is clear about the responsibilities of drivers, especially in areas like bus interchanges where pedestrian activity is high. Drivers must:

  • Exercise caution around pedestrian crossings
  • Remain vigilant for anyone attempting to board
  • Avoid reckless or inattentive driving

In Colin’s case, the driver’s failure to stop or respond appropriately to his presence could be considered negligence. This means Colin has a right to seek compensation for his injuries, lost independence, emotional distress caused by the incident and any financial losses.

Your rights after an accident

If you or a loved one are injured in a situation like Colin’s, UK law provides mechanisms to seek redress. Here’s how it works:

Establishing negligence : The first step is proving that the bus driver or their employer failed in their duty of care. This could involve gathering evidence, such as witness statements, CCTV footage, or reports from the scene.

Claiming compensation : Compensation claims cover a variety of damages, including:

  • Medical expenses and rehabilitation costs
  • Pain and suffering caused by the injuries
  • Loss of income or ability to work
  • Replacement costs for damaged belongings (like Colin’s jeans and jumper)

No win, no fee solicitors : At Switalskis, like many personal injury solicitors in the UK, we can offer a "no win, no fee" arrangement. This means there are no upfront costs, and you only pay a fee if your case is successful (this is deducted from the compensation).

Colin’s path to justice

Initially, Colin felt daunted by the prospect of seeking legal help, but his grandfather reassured him it was the right thing to do. Since Colin was under 18, his grandfather was able to act on his behalf (this is called a litigation friend), making the legal process even smoother for Colin.

As personal injury experts, we were able handle everything for Colin, leaving him free to focus on his recovery.

Lessons from Colin’s story

Colin’s experience highlights the importance of understanding your rights and the legal support available under UK law:

Know your rights : If injured due to someone else’s negligence, you have the right to claim compensation

Act promptly : There are time limits for filing personal injury claims (usually three years from the date of the accident, though exceptions apply for minors)

Seek expert help : Experienced solicitors can simplify the process and ensure you receive the compensation you're entitled to

Finally

Accidents like Colin’s are unfortunate reminders of the need for vigilance and accountability in public spaces.

Colin’s story underscores the importance of legal protections and the role of experienced solicitors in helping victims rebuild their lives.

If you find yourself in a similar situation, don’t hesitate to seek advice and assert your legal rights. Your recovery, like Colin’s, could start with one simple step: reaching out for help. Call us on 0800 1380 458 or email help@switalskis.com

Find out how Switalskis can help you

Call Switalskis today on 0800 1380 458 . Alternatively, contact us through the website to learn more.

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Image of John McQuater,Director and Solicitor Advocate and Head of the Personal Injury department.

John has over 43 years’ experience in the legal sector. He is Joint Head of the Personal Injury department.

Director and Solicitor Advocate

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