for injuring a man in arun-over accident
Last August a British man was hit by a vehicle in Al Quoz area of Dubai while standing behind his car in a parking spot. The vehicle, driven by an Asian driver, caused the man to sustain serious injuries, including fractures in his left forearm, foot injuries, a fractured forehead, along with swelling, abrasions, and bruises to his face and forearm.
The Dubai Misdemeanors Court imposed a fine of Dhs5,000 on the driver and suspended his driving licence for three months.
Additionally, the court transferred the civil case to the appropriate jurisdiction. After the initial verdict was upheld upon appeal, the British man pursued a civil suit, seeking compensation of more than Dhs1.29 million. Ultimately, the Dubai Civil Court granted him Dhs160,000 in compensation.
Medical reports indicated that the injured man underwent surgery to stabilise his fracture the day following the accident and continued with medical follow-ups for several months. Although subsequent examinations revealed that the fractures had healed, he still experienced pain, swelling, and difficulty in fully extending his left wrist.
Following the interrogation, the Public Prosecution charged the driver with causing injury to the victim due to negligence and failure to adhere to traffic regulations, as well as damaging another vehicle.
The British man filed a civil lawsuit seeking Dhs1.295 million in compensation from the driver for various damages.
His claims included Dhs31,976 for medical expenses, Dhs240,000 for lost wages, Dhs524,000 for lost profits from a company he allegedly managed, and Dhs500,000 for material and moral damages.
The court ruled that the final criminal judgment bindingly determines the facts of the accident and the driver's fault in civil court, which cannot be reconsidered. It reviewed the damages and accepted translated medical invoices demonstrating that the plaintiff incurred costs of Dhs31,975 for treatment.
However, it was not persuaded by the evidence of lost wages or profits and found the submitted expert report insufficient.
The court decided that the injuries, treatments, and resulting psychological and moral damages justified a total compensation of Dhs160,000, in addition to covering fees, expenses, and attorney's fees, while dismissing the other claims.