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£8,800 compensation for rider injured whilst rehabilitating her ex-racehorse on the road

Miss J was involved in a road traffic accident in January 2015 whilst hacking her ex-racehorse which was in training for sale.

The circumstances of the accident were that our client, dressed in hi-visibility clothing, was riding her horse slowly down the left hand side of a straight country road near to where the horse was kept on livery. A vehicle approached at speed from the opposite direction, failing to appreciate the presence of our client and her horse. The vehicle was on the wrong side of the road and caused a collision with our client and her horse. The third party continued to accelerate beyond the point of collision, causing our client and her horse to go over the front wing of his vehicle.

As a result of the accident our client sustained damage, injury and financial loss. The injuries sustained were to her neck, right side sacroiliac joint and lumbar spine. Fortunately the horse did not sustain physical injuries.

Miss J instructed us on a no-win no-fee basis. We alleged that the third party was negligent in that he:

  • drove his vehicle without due care and attention;
  • failed to maintain correct lane discipline in driving on the wrong side of the road;
  • failed to brake or steer clear of the Claimant’s horse so as to avoid the collision
  • failed to keep any, or any proper lookout;
  • exposed the Claimant to foreseeable risk of injury;
  • failed to give way to the Claimant’s correctly proceeding and/or established horse;
  • failed to comply with rules 204, 214 and 215 of the Highway Code, which clearly state that road users should keep a look out for horse riders and ensure that they pass them widely and slowly;
  • failed to stop and exchange details at the scene of an accident in breach of section 170(2) of the Road Traffic Act 1988;
  • was otherwise negligent in all the circumstances.

Liability for this matter was accepted by the Defendant on 26th January 2015.

We immediately argued that the horse that our client had been retraining was no longer safe for sale due to the trauma that it had experienced on the road. An interim payment was released for the value of the horse.

Medical evidence was obtained and following negotiations the matter settled on 17 November 2015 in the sum of £8,800.

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