…By Larry John for TDPel Media.
A woman has successfully obtained compensation for the death of her husband and step-daughter in a car accident that occurred in Belgium after a lengthy legal battle spanning eight years.
Alain Schmit, aged 53, was driving in the Arlon area in February 2015 when his vehicle collided with another driver.
Revisiting the Case and a Landmark Judgment
The other driver involved in the collision was found to be speeding, and both Alain and his 18-year-old daughter Amandine, who was a passenger in the car, were transported to the hospital by ambulance.
Alain’s widow, Deborah Wood, aged 59, sought assistance from specialist lawyers at Irwin Mitchell to investigate the incident and uncover the truth.
After eight years, the High Court delivered a judgment on Friday, overturning previous rulings from Belgian courts that had placed full blame on Alain.
The judgment concluded that the other driver shared responsibility for the collision.
Consequently, Deborah was awarded a five-figure compensation sum.
Closure and Gratitude for Justice
Expressing her relief, Deborah, residing in Spilsby, Lincolnshire, stated, “For the past eight years, my world has stood still while I sought the answers I needed to honor Alain and Amandine’s memories.
The judgment has finally provided me with those, and a sense of justice, and I’m thankful for that.”
Details of the Collision and Responsibility
At the time of the crash, Deborah and Alain were living in Messancy, Belgium, having moved there in 2013.
On February 21, 2015, Alain was driving on Avenue de Luxembourg, crossing the junction with Chemin de Dele and Birel when the collision occurred.
The High Court judgment revealed that the Mitsubishi driver involved was traveling between 65mph and 70mph in a 55mph zone.
While Alain had stopped at the junction’s stop sign, he proceeded across a cycle lane, which, according to the judgment, could have allowed him to see the approaching Mitsubishi and avoid the collision.
However, it was also determined that Alain had not yet encroached onto the southbound carriageway at the time of the collision.
Furthermore, the Mitsubishi driver veered left into the turning lane, contributing to the collision.
Therefore, responsibility for the crash was apportioned on a 50/50 basis, highlighting shared culpability.
Moving Forward and Promoting Road Safety
Despite describing the past eight years as a “nightmare,” Deborah now believes that she can begin to rebuild her life after the court’s decision.
She emphasized the importance of road safety and urged others to exercise caution while driving.
Deborah shared her painful experience, stating, “My life was completely shattered in a few seconds, and I wouldn’t wish that on anyone.”
James Riley, the international serious injury solicitor at Irwin Mitchell representing Deborah, expressed satisfaction with the judgment, stating, “While nothing can make up for what’s happened, we welcome the judgment.
It finally gives Deborah the answers she’s been waiting for.”
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