Driver who sued police after serious accident reaches out of court settlement

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A woman who sued Northern Constabulary for £200,000 in damages after suffering serious injuries in a road accident outside Lerwick has been awarded an undisclosed sum after settling out of court.

Rachel Rosie, 38, from Scalloway, suffered head injuries, a broken collar bone and cuts after her Peugeot car collided with a lorry that was travelling in front of her in August 2006. It was claimed the lorry which was trying to turn into a compound off the fast three-lane stretch of the North Road into the town had been prevented from doing so by the presence of a police patrol car.

As well as the physical injuries, Mrs Rosie suffered psychological problems, a lack of concentration and initiative.

Mrs Rosie, who is married with three children, declined to by interviewed by The Shetland Times today, but in a short statement said she said she was pleased that the incident was now at an end.

“We are very pleased that the case has been resolved to our satisfaction,” she said. “We can put the accident behind us now and move on with our lives. We are relieved that it is all over.”

In a civil case brought before Lerwick Sheriff Court last year, Mrs Rosie claimed the lorry was prevented from exiting the road because the police car was sitting on the cattle grid – hidden from view by two walls – which leads into the yard. The area was used regularly by police to catch speeding drivers.

Mrs Rosie’s car collided with the lorry as its back end was left exposed on the main road. She tried to make an emergency stop and swerved to the left when a van she was overtaking – which had been travelling between her and the lorry – pulled to the right to avoid hitting the trailer.

An oncoming car from the opposite direction prevented her from pulling out wide to avoid the hazard altogether.

She was unable to stop in time and collided with the lorry. The accident happened before the white lines on that lane of the road were made solid, preventing traffic coming into the town from overtaking.

A spokesman for Northern Constabulary claimed no final settlement had been reached and as far as the force was concerned the case was still active.

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