Moore Barlow personal injury lawyers secured a six-figure settlement for our client who sustained serious injuries after being struck by a car door while cycling. The defendant vehicle, a licensed hire vehicle, had overtaken our client and parked ahead. As our client came to pass, the rear passenger door opened onto our client causing them to fall from their bicycle and strike their head onto the tarmac.
Background of the case
Our client suffered a moderate to severe traumatic brain injury as a result of the incident, including a large right-sided extradural haemorrhage and a left-sided subdural and subarachnoid haemorrhages. As well as multiple bone fractures, left sided vestibular dysfunction and mental health issues.
Our client was transferred by ambulance from the incident scene to the hospital where they were intubated and sent to emergency evacuation of the extradural haemorrhage and right craniotomy. Our client spent 7 days in the Intensive Trauma Unit.
Our client received in-patient NHS specialised neurorehabilitation for 18 days, followed by physiotherapy for the left sided limb weakness. Our client also received occupational and care therapy to assist with personal tasks.
Our client following discharge from hospital received 6 months of out-patient therapy upon conclusion of which they then sought formal legal representation to enable them to secure further neuro-rehabilitation through the personal injury claim.
Upon instruction of Moore Barlow an approach was made to the insurer of the motor car who denied liability and refused to participate in our client’s rehabilitation. This led to court proceedings being started to determine responsibility in favour of our client whereby a substantial interim payment was then secured from the insurer to pay for private rehabilitation.
Upon completion of the rehabilitation programme independent expert reports were then obtained to assist with the valuation of the claim which sought to address the ongoing symptoms experienced by our client who had been unable to return to paid work.
The issues of the case
Our client relied on us to provide advice in relation to liability and quantum.
We achieved a positive settlement for our client on liability (responsibility), with an apportion liability of 75/25 in favour of our client. There were two issues to consider on liability which had been disputed between the parties although accident reconstruction expert evidence enabled us to establish primary liability against the defendant but there were allegations against our client of contributory negligence for the following two allegations:-
- Our client was a cyclist who was not wearing a helmet at the time of the incident and it was alleged that wearing a cycle helmet would have made a difference. As part of the investigation process we obtained expert evidence from an expert in cycle helmets as well as a neurosurgeon which informed us that had a cycle helmet been worn then on the balance of probability the extent of the brain injury would have been significantly less.
- It was alleged that our client cycled too fast and too close to the car prior to the door being opened. We obtained CCTV footage that confirmed our client was cycling quickly and passed closely to the offside of the car when the door was opened. Had our client cycled further from the car then the incident might have been avoided.
In the circumstance, whilst we were able to establish liability against the driver of the vehicle for negligently allowing his passenger to open the door onto our client nevertheless our client had to accept some degree of contributory negligence (25%) for failing to wear a cycle helmet and also cycling too close to pass the car. This percentage whilst unwelcome was nevertheless considered a positive outcome compared to what our client might have been found.
The valuation of the claim was complicated by a relevant pre-medical history which led to the parties investing in significant expert evidence from numerous disciplines including neuroradiology, neurology, neuropsychiatry, neuropsychology, audio vestibular, maxilla-facial, orthopaedics, care, occupational therapy, and physiotherapy.
Our client’s case was listed for a two week trial in the High Court to assess what damages should be paid by the Defendant. The parties prior to that trial going ahead attended a Joint Settlement Meeting to explore the issues during which a high six figure settlement was reached subject to Court approval.
The Court duly approved the settlement regarding it as a favourable settlement to our client demonstrating the benefit of having thoroughly explored the issues in the case.
We have received outstanding service from Matthew Claxson and the team at Moore Barlow during the litigation of a personal injury case that lasted for several years. Everything was managed perfectly, all appointments booked and we were always kept up to date with the progress of the case.
The client
Our client had sustained a serious injury following this avoidable incident where a passenger in a car opened upon her their door causing her to fall off her cycle suffering injury. The insurer of the car fought quite firmly against making an admission of fault until we strongly pressed them and then they alleged a high percentage fault against our client which we managed to reduce to a level that the court regarded a good outcome. Notwithstanding, having resolved liability our client was then challenged throughout on the extent of the injury caused by this incident but with the benefit of evidence from excellent experts we were able to secure a positive settlement. We were assisted on the case by Simon Brindle, a Counsel, at DEKA Chambers.
Matthew Claxson, lead solicitor.
Matthew Claxson is a Partner in the Moore Barlow Serious Injury Team acting on behalf of clients who had suffered serious injury to access rehabilitation, secure interim payments and recover compensation to help rebuild lives. Call our specialist team on 0800 157 7611 or email claim@moorebarlow.com
