Victim sues dead driver

A Shrewsbury man who suffered horrific injuries in a crash which claimed the life of his best friend is suing the dead man's estate for compensation.Samuel Wallbank, 25, of Gwyn Close, was a rear seat passenger when Nigel Bruce crashed his "unroadworthy" car in Wolverhampton on August 2, 2005.

Mr Bruce died in the crash and Mr Wallbank was left partially paraplegic.

Solicitors acting for Mr Wallbank, who used to work at the Lewisham Arms in Wolverhampton, have served a High Court writ against the estate of Mr Bruce, 31, claiming damages totalling more than £300,000.

Mr Wallbank is now in a wheelchair for 90 per cent of the time and cannot go out on his own.

The father-of-two broke his spine and ribs and burst a lung in the accident. He spent five months at Oswestry's Orthopaedic Hospital.

The writ claims the crash was caused by the negligence of Mr Bruce as he was driving too fast for the road conditions, he failed to control the vehicle, the tyres did not have the appropriate degree of tread and he failed to steer his vehicle to avoid the crash.

The claim is also against the Motor Insurers Bureau, as Mr Bruce was uninsured.

Warren Collins, partner of Davies Arnold Cooper, the solicitors dealing with Mr Wallbanks' case, said the proceedings were in the very early stages.

An inquest found Mr Bruce had been taking cocaine and was more than twice the legal limit when his black BMW crashed in Stafford Street.

Mr Wallbank, who is currently living in a shelter run by Severnside Housing but needs his own bungalow and specialist carers, said: "The accident has taken everything from me.

"I do not remember the crash. We left the pub and were going into town. Nigel was one of my best mates for years. We met through friends and did a lot together.

"I miss Nigel every day - because of my injuries, it is like a constant reminder he's gone. He was a nice bloke and we got on well. We often went into town together.

"I do feel resentful towards him but he was still my friend. I'm not sure if I have forgiven him. It's a really terrible feeling having a friend that has done this to you."

By Rebecca Lawrence