A family in Perth and Kinross have been awarded £100,000 compensation following a fatal road accident near their home over six years ago.
In January 2012, Tristan McKenzie, who was employed as a van driver by Asda, was carrying out his deliveries when he made a wrong turn into a cul-de-sac. As he made his way back onto the A977, he then attempted a right hand turn towards his intended destination. As he started to do so, a tanker, being driven by Alan Robertson was overtaking his van. This caused a wheel arch of the tanker to strike the van, causing the tanker to roll down an embankment, into a garden.
Mr Robertson sustained fatal injuries in the crash.
At the time of the accident, the property in which the tanker rolled into was occupied by Morag McKenzie, along with her daughter and granddaughter, who were staying with her at the time.
The accident had a devastating effect on their lives, and they were unable to stay at the home for two years following the incident.
The family launched legal proceedings in the Court of Session in Edinburgh. Following the hearing, the Judge ruled that the van driver, Mr McKenzie was 75% liable for the accident as he had owed a duty of reasonable care to ensure that he did not proceed onto the A977, or turn off it before it was safe to do so. He ruled that the driver of the tanker, Mr Robertson was 25% responsible for the incident as he had materially contributed to the accident by embarking on an overtaking manoeuvre which was a
potentially hazardous enterprise
Mrs McKenzie will receive the sum of £75,000 whilst her daughter and granddaughter will receive £20,000 and £5,000 respectively.
If you or someone you know has been affected or sustained an injury, whether physical or emotional, as a result of a road traffic accident, contact our specialist Personal Injury team today on 0800 988 8082.
