£40K for TSSA member hit by a Porsche
A TSSA member who was struck by a Porsche as he walked to work has received a settlement of £40K thanks to support from his Union.
Peter De Lacey, 51 of Ashford in Kent, was walking on a pedestrian footpath on a flyover which crossed over the railway during a dark October morning in 2008 when he noticed a car coming from the opposite direction had lost control on the icy road and was careening toward him. Unable to avoid being hit, Mr De Lacey jumped as the car headed straight for him. As he jumped, the car hit him and threw him over the railing where he rolled, head over heels, down the embankment before hitting a fence at the bottom.
About a week after the accident, Mr De Lacey got in touch with TSSA to make an injury claim. Speaking earlier today he said “I’ve been on the railways for over 30 years and during this time I’ve always been in a union. After this accident I was incapacitated for about six weeks. I thought ‘Yes, I’m in the union. I will approach them and see what happens.’ I emailed TSSA from their website and got a response the same day. Within 48 hours I had a letter from Morrish Solicitors to say they will be taking up my case. I thought the service was absolutely excellent.”
Mr De Lacey had suffered injuries to his lower back and cervical spine, including whiplash injury, bruises to his arms and legs, a sprained wrist and a severe injury to his right knee. Medical evidence confirmed that, prior to the accident, he’d had no pre-existing conditions.
Liability was not contested and when negotiations did not produce agreement, Morrish Solicitors issued Court proceedings on the driver’s insurers. The other side settled the day before trial, with liability admitted.
Mr De Lacey praised TSSA for their support, saying “To my mind there is a clear cut case for joining a good trade union. If you aren’t in a union, you don’t have the legal protection that is one of the great benefits of membership. Without union membership I’d had to have claimed through one of advertisers on TV – and as long as I am alive, they will never have my business. Even if for nothing else, it’s worth joining a union for the legal protection, because it is first class service. Because the unions have a certain clout, they can appoint a law firm of good quality for the members. I’m really glad that people such as those at TSSA and Morrish are there to support me in the workplace.”
Solicitor Dominic Hughes, acting for Mr De Lacey, today said “The union legal services are here to provide members the best quality legal advice available. It is hoped that more union members will be aware of this and if ever they need legal advice, will consult their union first.”
