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the deceased, him & a colleague decided to drive down the dual carriageway at around 2/15 am park their car strip off till they were naked, then run round the dual carriageway I was travelling north on the inside lane about a quarter of a mile ahead of me was a lorry.Then I noticed the lorries lights coming on, as I got closer I realised he had stopped I went out to the outside lane it was very dark & misty as I passed the lorry the guy ran out into my path & was killed instantly. the lorry driver told me he just caught him in his headlights & there was nothing I could have done to avoid the accident.
2. You can sue the deceased's estate as well as his colleague who ran around naked on the road with him. I know you have already got this advice in part, from the solicitor who you spoke to, but there is no one else you can sue here. The lorry driver in front of you was not at fault. Nor was the Roads authority as it had nothing to do with them. Be aware that the car in which these two men were travelling will have had insurance and it was parked negligently upon the road before they started running around naked. So, a clever lawyer representing you will tie in the car insurance into the action so that there is recovery from someone other than the actual back pocket of the widow. Here, the insurance company is the deep pocket, so that is why you tie in the insurance. This also ensures that there is someone who can pay you, as I doubt if the widow of the deceased will have any money.