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Stuart J
Stuart J, Solicitor
Category: Traffic Law
Satisfied Customers: 22388
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Good afternoon. Recently I was knocked down by a bus in Oxford

Resolved Question:

Good afternoon. Recently I was knocked down by a bus in Oxford street. I was standing on the side of the road waiting for the lights to change so I could cross ( I was notusing a phone and was not wearing headphones). Next ting I knew I recovered consciousness in an ambulance and later in hospital emergency department trauma resuscitation cubicle. Fortunately I am still alive to ask the questions and my injuries were mainly concusion, extensive bruising and facial lacerations. The bus driver apparently reported to the police that I stepped out in front of him. I am very certain I did no such thing and the lacerations suggest I was caught by the wing mirror which I think I would have been below had I been at street level. It is very unclear how I get to see the cctv footage to clarify the event details- can you advise on this please and also how to make a claim against the bus company for some restitution.
Thank you
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Were there any witnesses?
Customer: replied 3 years ago.

For JOMO1972 I am told by the police that there was a big crowd. Maybe several people actually helped to stop the bleeding etc, but as I unconscious essentially till after I arrived at the emergency room I do not know anything about the witnesses

Expert:  Stuart J replied 3 years ago.
I have been asked to look at this.

Do you have a specific question about this? What did you want to know?
Customer: replied 3 years ago.

Yes, my specific questions are:

1. How do I get to review the CCTV coverage which there is likely to be of the 'accident'?

2. Can I claim damages for the pain, worry, ongoing loss of facial nerve function loss of wages , doctors bills etc.?

3.How do I do this and gather the evidence..... I presume the CCTV footge will make the events clear... but then what?


Expert:  Stuart J replied 3 years ago.
Thank you.
The last time I looked at a bus the wing mirrors were so high that you would have to be a giant to be hit by one.
You can get the CCTV by making a Subject Access Request under the data protection act of the local authority and sending £10. Give them the date and time of the location of the incident. They have 41 days to send you the tape from when you send the request on the payment. Act quickly because generally they only keep the tapes for 30 days so you need to make sure that they keep it with a view to sending it. The 41 days as required under the act and that’s why you need to give them notice so that they do not destroy it. There is no guarantee that there is CCTV footage of this and there is no guarantee that even now there is, it is conclusive with regard to the accident.
Speak to the police to see whether they have details of any witnesses.
I would suggest that you saw a solicitor who deals with personal injury matters on a no win no fee basis rather than deal with this yourself. If you win, you get 100% of the compensation because the solicitor’s costs are paid by the other side.
I would not suggest that used any of the ones who advertise on the television because all they are probably interested in is getting the fees in as quickly as possible to pay their million pound tele-vision advertising bill. We are not allowed to recommend firms on here but I do have experience of this firm and you might want to try them along with any others that you know. Don’t worry about where any law firm is located, there is usually no need for you to visit the firm.

mention that you came from me on this site.
Yes you do have a claim everything that you mention although the worry is not really a head of damage. I think you in actual fact have a substantial claim but it is not an easy claim. It is not an easy because at this stage you have no witnesses. Once you have witnesses and CCTV footage which supports your version of events, you are virtually home and dry.
Without that, it seems unlikely that this injury would have happened without the driver mounting the pavement and if that had happened, particularly in view of the fact that you say there were lots of people around, presumably some also waiting to cross the road, other people would have been injured also.

if this goes to court, and in the absence of any other evidence, the matter would be decided on the balance of probabilities which means that the judge has to simply prefer your version of events over the drivers. As I said, you do have a claim you have a good claim but it is not an easy claim because at this stage, evidentially, it is very weak

If you have any history of blackouts or tripping or falling or any other kind of incident which could possibly account for the drivers version of events, that would effectively stop your claim dead.

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Stuart J, Solicitor
Category: Traffic Law
Satisfied Customers: 22388
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Traffic Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you so much. Note I am now an authority on bus mirrors ( having recently taken a great deal of 'interest' in said devices)! Different buses different mirror height...Iit is amazingly variable and then of course the buses raise and lower according to need.

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