1. Statement on behalf of: Claimant 2. Statement made by: Tony Martin 3. No of Statement: First 4. Exhibits: 5. Date: 28th July 2oo8 TONY MARTIN
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1 RTA - CLIENT STATEMENT 1. Statement on behalf of: Claimant 2. Statement made by: Tony Martin 3. No of Statement: First 4. Exhibits: 5. Date: 28th July 2oo8 IN THE COUNTY COURT Claim No: BETWEEN TONY MARTIN -And- Claimant Defendant STATEMENT OF CLAIMANT MR. TONY MARTIN I Tony Martin of 89 Brent Close, Ladby, Leicester, LE1 8XX, state as follows:; 1. I am 23 years of age having been born on the 23'd January I am employed on a full time basis for approximately 18 months at a cheque processing centre for The Bank of Scotland. 3. I make this statement from my own knowledge unless otherwise stated and where otherwise stated to the best of my knowledge and belief. 4. I can confirm that I am the Claimant in this action and live at the above address with my parents. 5. I make this statement in relation to a road traffic accident that I was involved in on the 22"d August 2007 at approximately 09:00 hrs, with an articulated lorry, I do not know the registration number, which was being driven by the Defendant. 6. At the time of the accident I had been driving for approximately one month, having passed my driving test in July My driving licence number is MAR
2 7. I hold a full driving licence with 3 penalty points. These were for a TS10 offence and were added to my licence in April At the time of the accident I was driving my vehicle, a white Nissan Sunny 1400cc motor vehicle, registration number M I was covered to drive the vehicle on a third party basis only. 10. I had owned this vehicle for approximately one month prior to the accident. I had regularly driven it in this time and was very comfortable with the controls. 11. l drive a round trip of approximately 50 miles per day to my workplace. 12. My mother, Mrs Gwenda Martin, was my front seat passenger. 13. I am familiar with the route that I took at the time of the accident; I was taking my mother to work and had used the same route on a number of occasions since passing my driving test. 14. I can confirm that at the time of the accident we were wearing our seatbelts as is required by law. 15. I do not need to wear glasses when driving my vehicle. I had not been drinking alcohol or taking any medication that may have affected my ability to drive. 16. I was not smoking or attempting to smoke; indeed I do not smoke. 17. I was not using a mobile phone and was not distracted in any other way. I can confirm that although there was a radio in my vehicle it was not working.
3 18. lwas not in any particular hurry, my mother starts work at approximately 09:00hrs and at the time of the accident I was approximately 5 miles away from her workplace. 19. The weather was dry and sunny with good visibility. The roads were dry. 20. There were no road works or other obstructions in the road at that time. 21. At approximately 08:00 hrs on 2nd August 2007 was travelling on the A44 and heading towards Glenfield Roundabout, Leicester. 22. On the approach to the roundabout the slip road consists of two lanes widening to three lanes prior to the junction. 23. The nearside lane is marked with a directional arrow for vehicles turning left only. 24. The centre lane is marked with a directional arrow for vehicles travelling straight ahead and for turning right on the roundabout. 25. The offside lane is marked with a directional arrow for vehicles turning right only. 26. lt was my intention to turn left at the roundabout; I was correctly positioned and stationary in the nearside lane; I was first in line at the give way markings and I do not recall anything being behind me. 27. The Defendant was positioned in the middle lane and there were no other vehicles in front of the Defendant's vehicle. 28. I did notice that the cab of this vehicle was angled slightly to the left although I do not recall seeing any indicator lights illuminated.
4 29. The Defendant started to make his manoeuvre onto the roundabout and after checking that it was safe to do so I started to make my manoeuvre onto the roundabout. 30. The Defendant's vehicle started to come across the front of my vehicle, I stopped, the Defendant's vehicle continued to turn left impacting with the offside front of my vehicle. 31. There was nothing that I could do as the Defendant's vehicle pushed me off the road and into a ditch at the side of the road. 32, Although restrained by our seatbelts the force of the impact caused us to be thrown sideways in our seats. 33. I was immediately shocked and stunned and needed to take a few moments to gather my thoughts. I was initially shaken and trembling slightly for approximately one hour. 34. I checked that my mother was alright before making my way out of my vehicle. 35. My mother was shocked and stunned and remained sitting in the vehicle, she said that she had hurt her neck. 36. Following the impact the Defendant had continued to drive his vehicle around the roundabout before stopping and parking along the kerbside. 37. I walked over to the Defendant who was still sitting in his cab. I started to speak to the Defendant however he looked at me in apology and shrugged his shoulders before starting to speak himself. 38. The Defendant was talking in a foreign language, possibly Polish. I could not understand what he was saying and I do not think that he could understand me.
5 39. I contacted my father and the emergency services to inform them of the accident. 40. An ambulance arrived at the scene and my mother was examined by paramedics before being transported by ambulance to the Accident and Emergency Department of Leicester Royal infirmary, Infirmary Square, Leicester, LE1 5\ Al/. 41. The police had also arrived at the scene and attempted to get details from the Defendant. 42. The two officers in attendance were PC211 and PC194. lwas given a police incident number of The police checked the Defendant's vehicle before allowing him to leave the scene. 44. I can confirm that nobody was breathalysed at the scene. 45. When the police returned to speak to me and to take my details they informed me that the Defendant had somehow managed to explain to them that he was not familiar with the UK road layout. 46. My vehicle was undriveable as the result of the damage sustained which was to the front offside door and wing which had been crushed inwards. 47. My uncle has a garage based in Loughborough. I contacted him and arranged for my vehicle to be transported from the scene and back to my home. 48. Approximately 25 minutes following the accident and while I was waiting for my vehicle to be recovered I can confirm that there was another accident at the roundabout. 49. My vehicle was recovered from the scene and I along with my vehicle were transported back home.
6 50. I can confirm that no witnesses made themselves known to me whilst I was at the scene. 51. On my return home my father was waiting for me. I had started to experience symptoms of pain at the back of my neck. 52. My father took me to the accident and emergency department of Leicester Royal infirmary to be checked over before taking me to work. 53. Although I was suffering from some pain in my neck I managed to complete my day at work before returning home. 54. I took over the counter pain relieving analgesics and went to bed. 55, The following morning and after suffering a very painful, restless and uncomfortable night I attended the Leicester Medical Centre, Leicester, LE121AB. 56. lwas examined and given advice before being discharged. 57. I can confirm that the pain and stiffness experienced at the back of my neck increased in intensity for approximately two days following the accident and were at the most severe for approximately one week before gradually starting to ease. 58. My painful neck symptoms had eased significantly after two months and by December 2007 were approximately 80-85% resolved. 59. The day following the accident my right wrist had become painful and there was slight swelling caused. This was uncomfortable for me for approximately two days and had completely resolved within two weeks.
7 60. Approximately two days following the accident I had started to experience symptoms of pain and discomfort between my shoulder blades. 61. This radiated down centrally and took approximately two weeks before reaching a peak. 62. I can confirm that I experienced almost constant symptoms of pain and discomfort in my back. 63. Although I would describe these symptoms as a moderate pain they did last for approximately two months before gradually starting to ease. 64. By December 2007 the symptoms to my back were approximately 70% resolved. 65. As a result of injuries sustained in the accident I refrained from work for approximately 14 days. Following this time I had to return. 66. I am employed as an agency worker and if I had taken any longer off work there was a strong possibility that I would have lost my job. 67. A few days following my visit to the walk in centre I attended my own GP surgery, Leicester Medical Centre. Leicester. LE1 2EE. 68. I was examined and advised to keep moving around but not to lift any heavy objects. 69. Prior to the accident I was a member of a local gym and would attend approximately once a week. I also performed martial arts. I was further advised to refrain from participating in these activities. 70. I can confirm that since being involved in the accident and as a result of injuries sustained I have not returned to the gym.
8 71. I have been performing martial arts for approximately 4-5 years and it was a big part of my life. 72. I had achieved the status of brown belt and was working towards my black belt when I was involved in the accident. 73. Although I tried to return to martial arts, due to a constant fear of aggravating symptoms and the possibility of causing further damage, apart from doing partial training at home, which seemed to be alright initially, however I did experience an aggravation to my painful symptoms a few days following the training. 74. I have now completely refrained from participating in this much loved activity. 75. Prior to the accident my father had bought me a Go Kart for approximately f400. I used to use it every Sunday. 76. Following the accident I was unable to use the Go Kart and subsequently sold it. 77. In addition to my physical injuries I also sutfered psychologically which affected my driving. 78. lt was approximately 3-4 weeks before I felt comfortable enough to return to driving despite having access to my father's vehicle if I had wanted to. 79. I relied mainly on my father to transport me to and from work on a daily basis for the two week period following my return to work. 80. On the occasions when my father was unable to transport me I would have to use the bus service which would add an extra approximately minutes to my working day each time.
9 81. For approximately 2 months following my return to driving I was very anxious and wary. 82. I was particularly frightened of the possibility of being involved in another accident. 83. I have continued to experience symptoms of anxiety whenever travelling close to articulated Lorries. 84. lf I drive for any longer period than approximately 25 minutes at once I continue to experience an aching sensation in my lower back. 85. lf I know that I am going to travel for this length of time I take a cushion from home and although this is not very comfortable and I prefer to drive without having to rely on a cushion for my back I only use it in an attempt to ease my symptoms of back ache. 86. When at work and throughout the working day the main aspect of my work can involve standing at a machine for approximately 6-7 hours at a time. I have to take regular 5 minute breaks away from the machine and rest before returning. 87. I particularly notice the aching at the end of the working day. 88. At other times I can be working at a desk, and experience symptoms of pain and discomfort in my upper back moving down into my lower back. 89. This is usually as a result of sitting in a fixed position for any length of time which is over approximately one hour. 90. I tend to frequently stand up and walk around to stretch my muscles when this happens. 91. I took the advised pain relieving analgesics frequently in an attempt to ease the severity of my continuing symptoms of pain and discomfort.
10 92. t was examined on 3'd March 2008 by Dr D. Octor who was instructed by my solicitor, I have read and agree with his report a copy of which is with my solicitor. 93. In this report I was encouraged to swim approximately 2-3 times a week in an attempt to improve my symptoms. I can confirm that I have been attending the local swimming baths a few times each month and have noticed some improvement to my symptoms. 94. lt was recommended that I attend sessions of physiotherapy in a further attempt to improve my symptoms. I can confirm that I did attend for two sessions approximately 3-4 months ago. I did notice an improvement. 95. I now need to return to my GP to be re referred and am currently in the process of trying for this. 96. lf the referral through my GP takes too long before I get an appointment I will look to paying for the physiotherapy privately. 97. I was able to confirm that I was involved in a further non fault road traffic accident in December 2007 in which the symptoms that I had originally sustained and which had been at this point approximately 80o/o resolved, where actually further aggravated by this second accident. 98. I believe the Claimant was responsible for the accident for not being correctly positioned at the roundabout for the direction that he intended to take and for mot making proper observations before making his manoeuvre.
11 STATEMENT OF TRUTH: I have read the above Statement. It is a true and accurate record: Signed: Date:
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