Young Motorcyclist Seriously Injured In Road Accident
We have recently concluded a claim for a young motorcyclist who sustained a severe head injury, together with injuries to his shoulder, neck and lung in a road traffic accident. He was in intensive care for eighteen days and not discharged from hospital for three and a half months, after which time he required substantial support from his parents.
Liability was strongly disputed. The Defendant was a van driver in his 60’s who maintained that he had carried out a safe manoeuvre, pulling out onto a main road, that he was established on the main road, when our client appeared from nowhere, driving at an excessive speed. Our client hit the back of the Defendant’s van and was thrown into the air over the van and into a grass verge.
A number of witnesses supported the Defendant’s contention that our client was travelling at an excessive speed, some stating that he must have been travelling at 100mph. One witness who was a passenger in a car waiting to emerge onto the road from a junction further away than the Defendant was helpful to our client, stating that she saw him approach, unlike the Defendant.
We obtained a detailed accident reconstruction report from a motorcycle expert which concluded that our client was probably travelling in the region of 80mph and that if he had been travelling within the speed limit for the road, which was 60mph, then he would have been able to avoid the collision. It was therefore likely that, even on our evidence, there was going to be a significant finding of contributory negligence, and there was a risk of the claim failing entirely. The Defendant’s accident reconstruction evidence sought to support a contention that our client was travelling considerably in excess of 80mph.
Our client had done very well to get back to work, notwithstanding his serious injuries, and had supportive employers. There was no evidence of his pre-accident wage to support a claim for future loss of earnings after the initial period of absence and although it was accepted that the client did require some continuing support from his parents as a result of his injuries, the extent of this support was also in dispute.
The client did not wish to proceed to a Court hearing. In view of the risks on liability, we arranged for a joint settlement meeting with the Defendant’s representatives, which resulted in an agreed settlement of £85,000.00.