Tim Kirfield, Senior Associate, and his team at Moore Barlow are pleased to have reached settlement for a young boy who was injured whilst riding an e-scooter.
Background of the accident
At the time of the collision, our client was 10 years old. He had been riding around a local estate on an e-scooter and he had been wearing a helmet. He was on the road when the Defendant came round the corner at speed, hitting our client. The driver fled the scene but his details were subsequently confirmed by a witness.
Injuries sustained by the boy
Our client sustained a fracture to his left tibia fibula. He underwent surgical intervention to reset the fracture and he was placed in an over knee cast. He also suffered from psychological trauma as a result of the collision.
Liability and settlement
Due to our client having been riding an illegal e-scooter at the time of the accident, liability was in dispute from the outset. Our position was that regardless of our client’s mode of transport at the time, the Defendant’s driving was negligent and therefore, they should be held to be primarily responsible for the accident. Counsel’s advice was sought on this point and prospects of success were confirmed. Liability was eventually resolved 75% in our client’s favour.
In terms of his injuries, our client thankfully made a quick and uneventful recovery which meant the parties were able to agree settlement and this (and the liability apportionment) was subsequently approved by the Court. The settlement monies were paid into Court which means our client will be able to access them when he turns 18.
The law relating to e-scooters is without doubt in need of further review. Far too many of them are still being sold to unsuspecting parents who have no idea that in gifting them to their children, they are potentially exposing them to a whole heap of trouble. Nonetheless, in this case, our client had been acting reasonably and responsibly and it was the Defendant’s negligent driving which caused the collision. I was very please to be able to recover damages for this client and am also very pleased he made such a good recovery.
Tim Kirfield, Senior Associate | Major Trauma
