We are delighted to have supported our client to rebuild his life after a serious motorcycle collision and recover for him a six figure settlement.
What happened?
Our client was the rider of a 1995 Yamaha FZR 600 motorcycle proceeding within his traffic lane when the driver of a BMW Z4 negligently pulled out from a side road across his path of travel causing him to be thrown off his motorcycle and land on the carriageway.
The Driver of the BMW failed to stop at the scene of the collision leaving our client seriously injured in the road where he was found by passersby who summoned an ambulance.
Where did liability lie?
The front seat passenger of the BMW later reported the driver to the police who arrested him and prosecuted for the following road traffic offences:-
- Failing to stop after a road accident
- Causing Serious Injury by Careless/Inconsiderate driving
- Driving a vehicle involved in a road accident and failing to report that accident
- Use of a motor vehicle on a road/public place without third party insurance
Sadly the occurrence of road traffic collisions involving uninsured motorists remains an ongoing blight on society and an unfairness to those of us who are lawfully insured.
As a result of the BMW driver being without insurance we had to join the Motor Insurers’ Bureau who are a fund of last resort to step into the shoes as if the driver had been insured. Unfortunately, due to the BMW Driver’s stance responsibility for the incident was delayed until after the criminal prosecution was completed and at which time the Motor Insurers’ Bureau admitted liability in full.
Injuries sustained by our client
Our client was conveyed by ambulance to hospital where he was admitted with a displaced fracture of the mid-shaft of the radius on the right arm, rupture of the posterior cruciate ligament of the right knee and injury to the right ankle. Our client went on to suffer a psychiatric reaction.
Our client had a long period of treatment including surgery for open reduction internal fixation of the fracture of the right radius where a metal plate was inserted. He also had a separate operation for an open reduction internal fixation with two screws inserted into his right knee and later secondary surgery to remove the screws.
Our client as a consequence of the injury suffered to the right knee and ankle was unable to crouch or kneel down which had a significant impact on his ability to mobilise. This disability was likely to be permanent. This prevented our client from returning to his pre-accident self employed as a vehicle valet.
Victim rehabilitation
We were able to secure the agreement of the Motor Insurers’ Bureau to work collaboratively with us under the Rehabilitation Code 2015 which included for the funding of a Case Manager to take forward our client’s rehabilitation on a private basis. This saw our client maximising his functions and outcomes. He was eventually able to return to alternative employment and move forward with his life.
I am very pleased to have instructed Moore Barlow who fought my case, supported me through the process and secured for me a great settlement.
What our client said
Road safety is everyone’s responsibility whether that is a motorcycle approaching a junction or a vehicle waiting to pull out from that junction. In this case our client was well positioned on the road but the BMW left him with no where to go and incredibly failed to stop even though it must have been apparent serious injury was caused to our client. I take a small piece of comfort that the passenger in the BMW made the correct decision to report the driver for being without insurance and leaving the scene. If we use a motor vehicle on the road we must be insured.
Matthew Claxson – Partner | Personal Injury
How Moore Barlow can help
If you have suffered serious injury as a result of a road traffic collision then contact our Personal Injury Lawyers to explore how we can help you to access rehabilitation, secure interim payments and recover compensation to rebuild your life.
Contact us on Freephone 0800 157 7611 or by email [email protected]
