The driver of a vehicle which struck a lollipop lady has been found solely responsible for the accident after CCTV footage of the incident was found.
In 2011, Eleanor Harman (61) was working as a lollipop lady-employed to help schoolchildren cross the road in a safe manner-when she was hit by a car outside of her home in South Shields, Tyneside. Eleanor was immediately rushed to hospital where she had to undergo vital surgery to survive. She sustained major brain trauma as a result of the accident, and had to spend three months in a high dependency unit. She now has post-traumatic amnesia, and needs full-time care.
Margaret Boyles-the operator of the vehicle which struck Eleanor-was fined £90 and four penalty points were put on her driver’s license for driving without due care and attention. Eleanor’s husband sought legal counsel, and made a school crossing accident claim for compensation against Margaret. Her insurance company denied liability for the accident, and alleged that Eleanor herself should accept some liability for her injuries.
Eleanor’s home had a CCTV installation, so video evidence of the incident was provided. It was shown that Margaret was solely liable for the accident, and Eleanor was in no way to blame. Her insurance company subsequently admitted that their client had been negligent, Eleanor’s claim for school accident crossing injury compensation is now before a judge so that damages can be assessed.
The cost of care, further expert treatment, therapy and equipment to help Eleanor live as much an independent life is expected to exceed a total of £3 million. A verdict on how much compensation Eleanor´s school crossing accident claim is resolved for is expected soon.