Curtis sustained unstable spinal fractures and a life-changing spinal cord injury in a head-on collision with another vehicle in September 2019.
Curtis, who cannot recall the accident, was admitted to the local major trauma centre for surgical intervention. The Major Trauma Signposting Partnership also supported him at the hospital in choosing us to provide him with legal support. Curtis was later transferred to a Spinal Injuries Centre for extensive rehabilitation.
His spinal cord injury was incomplete, meaning that he fortunately retained some neurological function and sensation in his legs. However, he was generally dependent on a wheelchair, although he could also use crutches over very short distances. He was left with a range of problematic symptoms, including bladder dysfunction requiring intermittent catheterisation, bowel dysfunction requiring manual evacuation, sexual dysfunction, lower back pain, leg pain and muscle spasms, weakness in both legs and impaired balance. He also had a low mood and profound fatigue.
Liability was heavily disputed throughout Curtis’ case, with the other driver alleging that Curtis was entirely to blame for the accident. As a result, there was no agreement by the driver’s insurers to make Curtis an interim payment or to assist with funding his rehabilitation. The insurers also alleged that Curtis had not been wearing his seatbelt or had been sitting on the lap part of the belt.
As part of their investigations, the police initially prepared a road traffic incident report that suggested that Curtis was entirely responsible for the accident.
Curtis was represented by Andy Shaw and supported by Laura Hopkins, Sally Green, and Simrit Chahal. The team obtained full disclosure from the police. This was reviewed meticulously. We then interviewed the attending and investigating police officers. We spoke with the officers in some detail about specific markings on the road which were captured as part of the police forensic investigation. As a result of our questioning, the investigating officer crucially accepted that it was possible that, in the moments before impact, the other driver had veered into the centre of the road as Curtis had started to overtake.
In a fight to establish Curtis’ claim, we obtained a range of expert evidence from medical professionals and an accident reconstruction expert who agreed that the markings on the road established the other driver’s likely position.
With liability remaining in dispute, we issued court proceedings against the Defendant driver. The Defendant still refused to accept that they had veered into the centre of the road and instructed their own accident reconstruction expert.
In time, the case was eventually listed for a three-day trial in the High Court, during which a judge would determine the issue of liability for the collision.
The Defendant agreed to attend a joint settlement meeting two weeks before trial. On the evidence, Curtis accepted that he was likely to be found partly responsible for the collision and that there was some risk of him being found not to have worn his seatbelt. Curtis’ claim was concluded to be a total sum of £2.2m.
This was an extremely difficult case. It demonstrates the need to always review all the evidence meticulously and be prepared to challenge it. Curtis was extremely pleased with the overall result, and following the settlement, we were able to ensure that he received appropriate financial advice and support to create trust and will.
Despite his life-changing injuries, and the lack of interim payments to allow him to access appropriate rehabilitation sooner, Curtis refused to accept the limitations imposed by his injury. Through his dedication and commitment, he has been selected for the GB Paralympic Rowing Team and is expected to compete in the 2028 games.
Now, Curtis intends to inspire the next generation with his story.
