A traffic accident victim will receive one of the highest court-ordered compensations in a pedestrian amputation case. The Court of First Instance and Preliminary Investigation Number 5 of El Prat de Llobregat has ordered the insurance company Generali Spain to pay nearly one million euros to FRN for damages, including the amputation of his leg , suffered when he was struck by a truck insured by the company. This amount also includes applicable legal interest, the cost of mechanically modifying the driver's vehicle, and the plaintiff's future medical expenses.
This section includes the modifications and adjustments to the prosthesis he must wear on his leg, replacement parts, accessories, and sheaths , as well as a specific prosthesis to allow him to participate in the water sport he practiced before the accident. An expert report estimates that these future expenses could exceed €350.000. The insurance company has already paid the plaintiff over €84.000 , which will be deducted from the total sum awarded. Generali attempted to reach an amicable settlement before the proceedings, but this was not accepted by the other party. Their legal team is considering appealing the judgment.
According to the ruling, which this newspaper has obtained, in July 2010, the plaintiff FRN, represented by lawyer Daniel Vosseler, was standing on the sidewalk next to his motorcycle in front of a transport company in the Mas Blau industrial park in El Prat de Llobregat. At that moment, a large truck left the company premises and a side bar of the trailer caught on the plaintiff's motorcycle, "knocking it to the ground and running over the motorcyclist . "
The judge establishes in her ruling that "the driver of the articulated truck did not carry out the necessary and essential checks" to join the traffic and that when he made a turn "excessively to the right side of the road" he was carried off with the trailer. to the motorcycle. That is why they condemn the truck's insurer to compensate the plaintiff. The driver of this vehicle stated in the trial that when making the exit maneuver "he focused on looking to his left and not to his right" which is where the plaintiff was.
Daniel Vosseler, head of the law firm Vosseler Abogados, stated that "the ruling sets a high-level precedent in traffic law " because the court took into account the medical expenses the plaintiff would incur in the future due to the injuries he sustained in the accident. Furthermore, the lawyer explained that one of the side effects of court fees is the "failure to develop case law" because "since no one wants to appeal rulings due to the cost, there are no decisions from higher courts."
Source: El Mundo
