A woman, who was injured when a car owner failed to apply their handbrake, has been awarded £5,000 for the injuries she sustained.
The accident occurred in April 2014 when Lynne Short, aged forty-six, was driving her son to school. As she was driving, Lynne – from Dundee – noticed that a car was rolling backwards along the street. However, as they were close to a school, Lynne was concerned fro the safety of the surrounding children. In an attempt to protect them, Lynne opened the door of the car and attempted to enter it.
Yet Lynne was unable to enter the rolling vehicle, which instead pinned her against her own car. Luckily, Lynne escaped the accident with a broken wrist and some bruising. Even so, she was taken by ambulance to the nearby Ninewells Hospital and treated.
After her treatment, Lynne sought legal counsel and proceeded to make a claim against the car owner, Angela Black, for injury compensation. Liability was admitted by Angela, though she argued that it was not her negligence that caused the brake to fail, but a mechanism failure. Whilst speaking to the Dundee Evening Telegraph, Lynne said that when she learned of the accident she took the car to a garage for repair.
Negotiations ensued between the parties, after which Angela’s insurance company offered Lynne a compensation settlement of £5,000. Though details have not been made public, it is likely that this figure takes Lynne’s contributory negligence into account.
Speaking to reporters, Lynne commented that “In hindsight, it was a silly thing to do, but with the adrenaline I thought of it careering into the school or hitting a car and going up in flames. It could have been a lot worse. The thing is that there were kids walking to school.”