An estate worker at Heriot-Watt University who was struck in the face by the wing mirror of a bus has been awarded damages of £9,000 for the facial injuries he sustained.
Calum McEwan, 38, was on the pavement and had just turned his head to check the traffic when the accident happened in November 2010. The mirror of the bus hit him in the face and he was knocked to the ground, losing consciousness when he fell.
He suffered cuts near one eye, where the mirror hit him, and cuts to the other side of his face where he hit the ground. When he awoke, there was a paramedic standing over him and he was taken to the local hospital, where he underwent an MRI scan and was given 18 stitches.
Mr McEwan sought compensation from the bus company involved, Lothian Buses. His claim was initially rejected on the ground that the accident was not reasonably foreseeable. However, he appealed against the decision of the lower court and the Court of Session upheld his claim, ruling that the original decision had been incorrect and that pedestrians were entitled to be ‘not at risk’ from passing traffic.
Mr McEwan was awarded £9,000 in damages.
If you have been injured as a result of a road traffic accident, whether as a pedestrian, cyclist or other road user, you may be entitled to compensation. Contact us for advice on 0800 158 5592.