Civil Case Is Next Step On Road To Recovery For Brain Injured Victim

A Manchester man knocked down by a surgeon returns to Court next week for a judge to decide whether he should bear any responsibility for his own devastating injuries.

David O’Driscoll, 41, originally from Cork but now living in Ashton-under-Lyne, suffered a severe brain injury and had part of his skull removed when Professor Nigel Bundred knocked him down at a road junction in Wilmslow in February 2017.

Professor Bundred was on his way home from the gym when he cut the corner into his road and hit Mr O'Driscoll, throwing him into the air and leaving him in a coma. He suffered a catastrophic brain injury and has had a metal plate inserted into his skull following the crash.

Mr O’Driscoll instructed specialist serious injury lawyers at Irwin Mitchell to support him and to help secure damages to cover the costs of extensive rehabilitation he now needs due to his life-changing injuries.

Bundred, 62, was convicted of careless driving and was fined £2,000 by Tameside Magistrates Court in February 2018. He chose to stand trial, arguing he hadn't seen Mr O'Driscoll because street lights weren't working and his car's door pillar was in the way.  However he was found guilty of careless driving after CCTV showed his car had been completely on the wrong side of the road.

Despite being convicted in the criminal trial his motor insurers Direct Line have forced the case to return to court next week in the civil case, where a judge will decide whether Mr O’Driscoll was also to blame for what happened.

Mr O’Driscoll, who had just become a father for the first time weeks before the accident, has been unable to return to his job in a Wilmslow bank and is still undergoing intensive rehabilitation for his life changing injuries.

Asked about his feelings about having to go to court next week, Mr O’Driscoll said:  “It’s hard to believe that almost three years on from the accident, the driver’s insurers are still disputing that his actions caused my injuries.  I don’t believe I could’ve done anything differently that night – the driver was on the wrong side of the road when he cut the corner and I didn’t have a chance."

Expert Opinion

“The accident could have easily been avoided had Professor Bundred been more vigilant - Mr O'Driscoll was clearly visible as he crossed the road that evening, as he was perfectly entitled to.

Mr O’Driscoll will be glad when it’s all over so that he and his family can finally move on. It will provide crucial peace of mind for them to finally have full access to the necessary funds to cover his care and rehabilitation for the rest of his life so that he can live as independently as possible.” Matt Brown - Partner

Find out more about Irwin Mitchell's expertise in handling serious injury cases