A drunken reveller has sued a trucker for not realising that he was drunk, and driving into him. Carl Heaven is claiming an “unlimited” amount of money in damages from Brian Williams an employee at Essex-based Containerlift Services. The damages are in regard to the multiple broken bones that he suffered when the trucker hit him with the back of the 44 tonne lorry.
Mr Heaven, a 32-year old plumber from South Croydon claims that his painful injuries prevented him from returning to work for more than seven months. Mr Williams, the plumber’s legal team argued, should have realised that “given the time of night and their appearance”, the plumber and his friend “were likely to be drunk and likely to behave unpredictably”.
Mr. Heaven’s solicitors contend that he should have “stopped completely or reduced his speed to a point where he was almost stationary”, so he could observe the pair of revellers using his wing mirrors. The legal team also added that the trucker should have realised the probability that his rear wheels could have collided with Mr Heaven.
At the time of the accident, Mr. Heaven, a 32-year-old plumber and his friend were both drunk on the High Street in Abingdon, Oxon at about 2.45am on June 20, 2007.
An employee at Containerlift services, Mr. Williams was turning left from Bridge Street into the High Street when he saw Mr. Heaven and his friend “larking around” in the middle of the road, according to his police statement.
After “waving” at Mr. Williams, a resident of the Isle of Wight, the revellers moved on to the kerb on the left side of the road, as the trucker drove past them. Mr. Heaven then claims that the back wheels of the lorry caught him and dragged him “a significant distance” along the road, leaving him with injuries including a broken left arm in three places, a broken right arm and right leg.
Mr Heaven could win thousands of pounds in damages, having filed his personal injury claim on June 18 this year.
A hearing date has not yet been set for the case.
If you think you might be entitled to make an accident claim, go to Duncan Gibbins site for specialist advice on how to make a Personal injury claim.