Bakrah El Hib, aged 61, was driving to work on 2nd August when he was struck by Yunis Khallah's car at the Wallchild roundabout at 8:30 am. As a result of the summer school holidays, the roundabout and surrounding roads were unusually quiet. However, given the summer season, it was particularly sunny, slightly affecting driver visibility. Wallchild roundabout and related junctions are known to be challenging to navigate. The roundabout is one of the worst roundabouts in Europe to navigate and has the highest collision rate in the United Kingdom.

The damage caused to Bakrah's vehicle was extensive, and his insurance company will likely write off his car. The damage caused also results in Bakrah being cut out of the car and his subsequent injuries are deemed very serious by the emergency services onsite.

When Bakrah is examined at the hospital, he had two dislocated shoulders, three cracked ribs and two crushed vertebrae. He also has a fractured skull and is likely to have severe concussion and whiplash.

Yunis claims that he was going no more than 30 miles per hour, which is below the designated speed limit of the junction, which is 40 miles per hour. However, Mavis Beggar, age 82, who witnessed the accident, claims that Yunis was 'hurtlingly' towards Bakrah's car. Yunis also claims that the low level of the sun made visibility particularly difficult.

Bakrah is employed as a quantity surveyor for the local firm and earns 36,000 per annum or 3,000 per month. The firm's sick pay scheme is limited; consequently, Bakrah is only entitled to a quarter of his monthly salary under it. Therefore, he has lost 2,250 per month. Bakrah has been in hospital for two months and estimates that he has lost 4,500 in salary plus additional expenses.

Both parties' insurance companies are now involved in determining the outcome. It is generally agreed that Bakrah's general claim for damages is 6000, with the total amount claim being worth about 9500.

Questions

2. Explain what steps each party could take before the commencement of court proceedings, if Yunis admits primary liability, but claims that visibility issues prevent him from accepting full responsibility for the road accident.
4. Explain what courts and accompanying documents would be used if the parties cannot settle the matter.
6. At trial, Bakrah's legal team admits medical evidence, that states that he has a 50% chance of developing severe depression due to his injuries. Explain what actions should be taken in light of the medical evidence produced.

Provide references for cases and acts to support your arguments/responses.

Answer rating: 100% (QA)

Before the commencement of court proceedings Negotiation and Settlement Talks Both parties can engage in negotiation and settlement talks to resolve the matter without going to court Yunis admitting p... View the full answer