Louisiana boy, not wearing seat belt recovers full compensation

A, a 12 year old boy from Louisiana was on holiday in England when a car in which he was a passenger was involved in an accident on the M25 and turned over. It travelled a considerable distance causing him severe injuries.

A came out of his rear seat and was propelled part way through the windscreen of his upturned vehicle which continued to slide along the road dragging him along the road surface. He suffered extensive degloving injuries to both arms and legs.

His right leg is most severely affected with a substantial loss of soft tissue, muscle and tendons. Despite numerous operations and extensive physiotherapy he remains extensively scarred with significant physical difficulties. He cannot run and falls if he flexes his right knee.

As a young boy he had expected to follow his family into the forces, but his experiences since his accident have led him to change direction. He is now due to complete his Associate Degree in nursing this summer and intends to go on to study physiotherapy. He has always remained positive and determined to succeed despite what he has been through.

A was not wearing a seatbelt at the time of the accident. He had tried and failed to adjust the seatbelt so that it would fit into the buckle. Medical evidence indicated that Andrew’s injuries would have been significantly less severe had he been wearing a seat belt. Initially the Defendant sought to reduce Andrew’s compensation by 25% to reflect this.

Eventually the Defendant was persuaded that it was the driver of Andrew’s car who was responsible for ensuring he was belted, not the responsibility of Andrew, who was only 12. The Defendant subsequently sought a 25% contribution from the insurer of the driver of Andrew’s car resulting in Andrew recovering 100% of his compensation.

The claim was settled for £250,000. The legal costs were paid by the defendant.


Car passenger suffers “seat belt” spinal fracture: rendered paraplegic

Mr I was the rear seat passenger in a car that drove so fast that on exiting a roundabout it traversed the central reservation, crossed the lanes for traffic heading into the roundabout, went over the kerb, turned in the air, landed on its roof and went down the embankment, coming to a halt in a ditch at the foot of the embankment.

He sustained a fracture dislocation of T10/11 and has been rendered paraplegic from the waist down. He is confined to a wheelchair.

This is known as the "seatbelt" fracture, most commonly found in people who are wearing belts.

His belt reel was found locked in the closed position, leaving engineers to believe that he could not have been wearing it at the time of the accident.

Investigations were made to ascertain whether during the accident process the locked and extended belt had unlocked and then recoiled into its reel and then locked again.

He has no bladder, bowel or sexual control. He has had numerous bladder infections necessitating surgery. He suffers from back pain and spasms. He has also suffered with psychological problems and depression as a result of the accident.

The claim was settled for over £2 million. The legal costs were paid by the defendant.