A former self-employed lobster fisherman has been awarded £45,500 in damages after he was injured in a road accident.

The accident happened in November 2003 when Donald Bremner, 42, was stationary at a road junction and his car was hit from behind. Mr Bremner suffered whiplash injuries in the collision and was unable to return to his work as a fisherman.

Liability for the accident was not contested. What was at issue was the exact amount of the damages payable.

Mr Bremner argued that his inability to carry on working was a direct result of the road accident. However, the court heard evidence that in March 2006 Mr Bremner had been diagnosed with cervical spine damage caused by natural degeneration. The court therefore judged that the other driver was not liable for Mr Bremner’s loss of earnings after that date.

Another point at issue was whether Mr Bremner should be compensated for the loss of fishing equipment and lobsters during high tides shortly after he was injured in the accident. The judge ruled that there was a sufficient connection between the loss of lobster creels and the accident for damages to be recoverable.

When someone is unable to work as a result of a road accident that was not their fault, the damages payable will depend on the resultant loss to the claimant. Contact us for claims advice.