A sozzled reveller is suing a lorry driver who drove into him because he claims the trucker should have realised he was drunk. Carl Heaven, from South Croydon, is claiming an “unlimited” amount of money in damages from Brian Williams and Containerlift Services after he suffered multiple broken bones when he was hit by the back of a 44 tonne lorry. The plumber claims he was unable to return to work for more than seven months because of his painful injuries.
Mr Heaven’s legal team argue Mr Williams should have realised, “given the time of night and their appearance”, the plumber and his friend “were likely to be drunk and likely to behave unpredictably”. He should have “stopped completely or reduced his speed to a point where he was almost stationary”, so he could watch the pair in his wing mirrors. The legal team also said the driver should have realised his rear wheels could have collided with Mr Heaven.
The 32-year-old plumber and a friend, both drunk, were in the High Street in Abingdon, Oxon, at about 2.45am on June 20, 2007, when the accident took place. Mr Williams, who was working for Containerlift Services, based in Essex, was turning left from Bridge Street into the High Street when he saw the revellers “larking around” in the middle of the road, according to his police statement. After “waving” at the driver, who lives on the Isle of Wight, the friends moved on to the kerb on the left side of the road, as Mr Williams drove past them.
Mr Heaven claims he was caught by the back wheels of the lorry and dragged “a significant distance” along the road, breaking his left arm in three places, his left leg and right arm. Mr Heaven, who filed his personal injury claim on June 18 this year, could win thousands of pounds in damages.
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