Crash victim blames dead partner in £5m damages claim
Christina Vibert suing his insurer after suffering facial fractures and brain injury.
A woman who was seriously injured in a crash that killed her partner is suing his insurer for £5m after claiming he was driving at excessive speed.
Mechanic Ross Graham died when the Honda CRX he was driving was trapped beneath the trailer of a lorry.
His partner Christina Vibert suffered facial fractures and a brain injury in the collision in Clovenstone, Edinburgh, on January 6, 2013.
Front seat passenger Ms Vibert had to be resuscitated after suffering a cardiac arrest during the incident.
The 29-year-old is now seeking compensation from Mr Graham's insurer Zenith Insurance in a contested action at the Court of Session in Edinburgh.
The action states: "The vehicle was driven by her partner, the deceased. He was driving at excessive speed for the conditions and the road layout.
"The B701 was a dual-carriageway on which there was a 40mph speed limit. The road formed a junction with the Clovenstone roundabout.
"[Mr Graham] failed to give way on approaching the give way junction of the roundabout. He proceeded through the junction and collided with a DAF XF heavy goods vehicle."
The document outlines that Ms Vibert underwent extensive facial surgery and her rehabilitation treatment continued into 2014.
The mother-of-two can move slowly over very short distances with the aid of a crutch or walking stick but needs a wheelchair for longer distances.
Her injuries have also caused her to have difficulties with communication, memory and concentration, and the Court of Session was told she will require assistance with "the normal activities of daily living".
Her home in Edinburgh is deemed unsuitable for her needs as it lacks space and is not wheelchair accessible.
The action states the trained hairdresser has been unable to care for her children since the incident.
"She has lost the companionship and society of her children which greatly distresses her," it claims.
Ms Vibert is seeking damages for a range of issues, including her pain and suffering, care costs, physiotherapy, occupational therapy, speech and language therapy, additional accommodation and adaptation costs and loss or earnings, employability and pension benefits.
Zenith Insurance maintains the amount sued for is excessive and it is not liable.
It also contends that if it is liable then another motorist, brought into the action as a third party, should bear a portion of the award.
Zenith said any damages payable should be reduced as Ms Vibert had materially contributed to her loss and injury. It contends Mr Graham and the other driver had been racing each other.
It also alleges Ms Vibert was or ought to have been aware that the deceased was under the influence of cannabis at the time of the accident.
Zenith said: "[Ms Vibert] ought not to have allowed herself to be a passenger in the vehicle being driven by the deceased whilst he was under the influence of cannabis.
"Had she not allowed herself to be a passenger all her injuries would have been avoided."
In the action Ms Vibert said she has no memory of the driving that day and no recollection of Mr Graham having used cannabis.
The case called before Lord Turnbull for a procedural hearing on Wednesday.