The Criminal Court No. 14 of Madrid has sentenced a driver and his insurer to pay 3.3 million euro to a woman who suffered serious brain damage after being run over at a marked pedestrian crossing.
In addition, the driver deemed responsible for the incident has been sentenced to six months in prison and deprivation of the right to drive for the crime of serious reckless injuries.
This figure is the largest compensation awarded to a single victim of a traffic incident. “It is the first time that the barrier of three million euro has been overcome, therefore, this ruling will encourage future claimants to achieve fair compensation and, at the same time, will raise awareness among judges and courts to carry out compensation calculations with due diligence, with the focus is on the victims with future medical-care needs and technical aid,” says their lawyer, Manuel Castellanos.
The incident occurred in 2016 when the 32-year-old injured woman suffered a severe head injury, with multiple fractures in the pelvic area and very severe spastic quadriparesis, which made her completely dependent for the activities of daily living. The consequences have been assessed with a total of 99 points on the current legal scale of bodily harm, almost the maximum possible.
“The affected person will be able to meet the cost of the medical and care assistance that she needs for the rest of her life in a socially sufficient and reasonable amount that respects the dignity of the victim and overcomes a barrier that can benefit others affected by accidents,” explains Castellanos.
It is worth noting that in the event of a vehicle not being insured, either by the illegal choice of the vehicle owner, or through the cancellation of the policy due to other factors such as an invalid ITV, then the financial liability would fall exclusively on the individual responsible.
