Successful claim for motorcyclist
It is well known that pedestrians, cyclists and motorcyclists are the most vulnerable road users. Whilst motorcyclists are just 1% of total road traffic, injuries to motorcyclists are out of proportion to their presence on our roads. Figures released by the Department for Transport show that in recent years that has been a fall in motorcyclists’ deaths despite an overall increase in motorcycle traffic. Despite this, there are still however a significant number of motorcycle accidents every year.
I recently acted for motorcyclist, Mr L who was involved in a road traffic accident and suffered a serious injury.
The accident occurred whilst Mr L was travelling along a main road in the left lane approaching a junction with a minor road. A driver of a car who was travelling in the opposite direction suddenly and without warning turned right into the minor road, cutting across my client’s path. As a result a collision occurred and my client was thrown off his motorcycle to the ground, landing on his left knee. The ambulance and police attended at the scene and the client was taken to hospital.
My client was diagnosed with significant ligamentous injury with avulsion fracture of the upper end of the tibia and bruising of the articular surface of the upper end of the tibia.
Several months after his accident, Mr L instructed me to pursue an injury claim on his behalf. I obtained the police report and submitted his claim to the car driver’s insurers. I obtained a supportive witness statement which confirmed my client’s version of events and was of great assistance in pressuring the car driver’s insurers to accept liability for the claim.
Once liability was accepted, I instructed a specialist consultant orthopaedic surgeon to prepare medical evidence on my client’s injuries. The medical evidence was supportive and crucial in proving the injuries suffered and the potential restrictions and limitations he would face for the future.
Mr L was a self-employed electrician and initially took only a couple of weeks off work after his accident. However, some considerable time later, he noticed a relapse of his left knee symptoms. At this stage he underwent further investigations and a further medical examination to obtain a final prognosis on his injury.
I then prepared a final schedule of his financial losses and expenses to include past and future losses including loss of earnings and limited care and assistance. Following a short period of settlement negotiation with the driver’s solicitors, my client happily agreed to accept an offer of £90,000 in full and final settlement of his claim.
As vulnerable road users, motorcyclists are likely to suffer from significant injuries which can have long lasting effects. Even when symptoms do not appear serious at the outset, they can later transpire to be more serious injuries. My client could never have imagined the extent of his injuries immediately after his accident; so it is advisable to motorcyclists seeking to claim after an accident to seek specialist advice. A specialist solicitor will always ensure that the appropriate rehabilitation and the maximum level of compensation is sought for their injured clients.
Written by Kim Pryce for Lexology Newsfeed
Kim does not work for Thomas Dunton.