Category: Safety & Compensation

1. Compensation for motorcyclist who sustained serious injuries

   Posted on 12:00pm Saturday 3rd Sep 2022

   Hundreds of thousands in compensation after motorcyclist sustains brain injury 

   Stewart* was riding his motorcycle at speed when a car emerged from a side road, directly into his path which caused a collision and Stewart to be thrown from his motorcycle.

   He suffered a traumatic brain injury and multiple serious orthopaedic injuries including fractures to his spine, clavicle, ribs, wrist and hand and a complex degloving injury to the knee which required extensive multiple surgeries. He also developed urinary urgency and erectile problems.

   As a result of the brain injury, Stewart suffered a change in personality, cognitive deficits and the loss of his professional career. His mobility was significantly restricted due to his orthopaedic injuries.

   Liability, causation and quantum were all fiercely contested by the car driver’s insurers  such that Stewart’s previous solicitors, appointed by Stewart’s own insurers, advised him to accept an offer of £50,000 stating that this would be the best possible outcome that he could hope to achieve.

   Stewart rejected that advice and sought representation from Potter Rees Dolan.

   We argued that Stewart travelling at speed was not the primary cause of the collision and instead  the driver had failed to make the appropriate checks before emerging from the side road.

   We were successful in reaching a compensation award of £200,000 for Stewart which was net of an agreed liability apportionment of 80/20% basis.

   Mark Robinson, personal injury solicitor at Potter Rees Dolan, said:

   This is yet another timely reminder that in cases involving motorcyclists, it is especially important that a firm who specialises in such claims and in dealing with life changing injuries should be instructed. Fortunately, our client recognised this in time, and we were able to achieve a settlement that was commensurate with the significant injuries that he sustained.

   * The name and identifying details of the client have been changed to protect the privacy of the individuals involved

    

   Article supplied from Potter Rees Dolan

   

2. High Court at Manchester awards e-cyclist damages

   Posted on 12:00pm Friday 2nd Sep 2022

   In a complex case and at a liability only Trial on 1 February, His Honour Judge Sephton QC awarded James 25% of the full value of his claim

   James* was riding his electronic bicycle on his way to work when he was hit by an oncoming vehicle whilst making a right hand turn across its lane.

   Despite James wearing a high-vis jacket at the time, the driver of the vehicle (the Defendant) maintained that he was driving within the speed limit albeit close to it and had not seen James until he was immediately in front of his vehicle due to the dazzling effect of the low-lying sun which was directly in front of him. It was at this time that the Defendant maintained that he had applied his brakes to avoid the collision.

   Liability was therefore strongly contested throughout without any kind of offer being made prior to the Trial.

   After hearing the evidence of both parties, the Judge held that the risk posed by the dazzling sun was clear and obvious and that the Defendant should have reduced his speed or even stopped altogether as advised in the Highway Code.

   In addition, with the assistance of experts instructed on James’s behalf, the Judge accepted that the Defendant had not seen James and had not applied the vehicle’s brakes himself. The vehicle’s automatic braking system had been activated once James had been identified by the system as a hazard in the road.  

   As a result of the accident, James sustained a severe traumatic brain injury with multiple serious orthopeadic injuries which required surgery.

   The amount of compensation will be assessed by the Court at a later date. 

   Mark Robinson, personal injury solicitor at Potter Rees Dolan, said:

   I am delighted by the outcome in this hard fought and technical case that was strongly disputed for several years. As in most cases involving cyclists and motorcyclists, expert evidence in many areas is key to prove that the driver is at fault by not reacting to the driving conditions and taking those steps within his control such as braking to avoid the collision.

   * The names and identifying details of the client have been changed to protect the privacy of individuals involved.

    

   Article supplied by Potter Rees Dolan

    

   

    

    

3. Motorcyclist sustains brain injury after collision with car

   Posted on 3:00pm Tuesday 2nd Aug 2022

   Over £5 million in compensation for young man who was riding motorcycle

   Dean* was riding his motorcycle along an A road when the approaching car on the opposite side of the road suddenly, unexpectedly and without warning attempted to turn right across Dean’s path, causing a collision and causing him to be thrown from his motorcycle.

   Dean, aged 22 at the time of the accident, suffered a traumatic brain injury as a result of the collision with extensive right and left temporal and parietal haemorrhage and contusions with fractures of the left parietal and left temporal bones. He also sustained an injury to his chest with contusions to the lungs and a fracture of the right femur.

   As a result of the brain injury, Dean has a significant ongoing disability. He suffers from impairment of cognitive function, struggles with initiation and motivation, and requires prompting.

   Since the accident, Dean has experienced personality change and suffers from low mood. He suffers from poor memory and poor concentration. His mobility is restricted, and he experiences high levels of fatigue.

   Dean lacks the capacity to manage his property and financial affairs and so a Deputy was appointed by the Court of Protection.

   We were successful in reaching a lump sum compensation award of over £2,000,000 for Dean as well as an annual payment for life of over £48,000 per annum, which equates to over £5 million overall.

   Jeanne Evans, Partner in personal injury at Potter Rees Dolan who acted for Dean, said:

   “My young client suffered life changing injuries in this accident. His commitment to his rehabilitation, for which he should be commended, combined with the support of his loving family, he has achieved wonderful progress which has been a pleasure to witness over the years since the accident. The settlement achieved means that he can continue, to maintain his gains, to build on that progress and be able to make plans for his future.”

   * The names and identifying details of the client have been changed to protect the privacy of individuals involved.

    

   Article supplied by Potter Rees Dolan

   

4. Ride smarter this summer: GEM urges motorcyclists to put safety first

   Posted on 11:00am Saturday 30th Jul 2022

   ROAD SAFETY and breakdown organisation GEM Motoring Assist is keen to ensure motorcyclists put safety first on rides this summer. At the heart of this call, according to GEM, is a focus on rider skill for those who may be back into biking after a lengthy gap.  

   There were 285 motorcycle fatalities in 2020 (the most recent available figures), with 4,429 seriously injured. Date from recent years consistently shows that ‘born again bikers’ (males aged between 40 and 60) continue to be an over-represented group in collisions.

   GEM chief executive Neil Worth commented: “There’s a lot of satisfaction to be gained from riding a motorcycle with skill and precision. That’s why we’re encouraging riders to give themselves a ‘skills MOT’ which will help ensure they lower the risks they face on journeys – and greatly reduce the likelihood of being involved in a collision.

   “The recent heatwave has placed unprecedented pressure on the already overstretched emergency services this summer, so anything we can all do as road users to avoid adding to this pressure will help save lives.”

   Follow GEM’s simple ‘lifesaver’ safety tips and reduce the risk of being involved in a collision:

   • Invest in a refresher day with a training professional. Search online for motorcycle training days or consult your local club or advanced motorcyclists’ group.
   • Motorbikes are capable of rapid acceleration and high speeds, but if you’re back into biking after a lengthy gap, then your reactions are likely to have slowed down. Typically, a 55-year-old’s reactions will be almost a third slower than those of a 25-year-old.
   • Ensure self-preservation is your priority. The predominant cause of motorcycle crashes is the failure of car drivers to detect and recognise motorcycles in traffic. So, wear high visibility clothing on all journeys, and ride in a way that gives others a better chance of seeing you.
   • Please invest in the best protective equipment you can afford. For example, your helmet should be comfortable and fit correctly (for details of ‘SHARP’, the national helmet safety scheme, visit sharp.dft.gov.uk).
   • Choose boots that are sturdy, well-fitting and above ankle height. Remember, nearly one fifth of all hospital admissions for motorcycling injuries involved broken bones in the lower leg, so providing protection for ankles and feet is vital.
   • On a ride, don’t go beyond your comfort zone, especially if you’re riding in a group. If your friends are cornering too quickly for you, let them go and join them at the next junction.
   • Try not to dwell on your errors as you go along. Plan 10 to 15 seconds ahead, anticipate the next hazards. When you stop for a break, reflect on anything that didn’t go to plan, ask what you have learnt and how you can reduce the chance of the same thing happening again.

   www.motoringassist.com

    

    

    

   article supplied

5. Motorcycle Safety on the Roads

   Posted on 12:00pm Wednesday 27th Jul 2022

   Riding a motorbike is a thrilling experience, but it is also vital that you know how to ride safely as you are a vulnerable road user and motorcycle accidents can be incredibly dangerous. This post will look at a few of the best ways to stay safe while on the roads.

   Wear a Helmet & Protective Clothing   

   Obviously, wearing a helmet is one of the most important steps to take. Not only is wearing a helmet a legal requirement in this country, but you will also find that it provides essential protection for your head if you were to come off the bike. In addition to a helmet, you should also wear other protective clothing such as leathers, goggles and motorcycle boots.

   Keep Your Bike in Good Condition 

   You also want to make sure that your bike is in good condition and roadworthy, which will require carrying out regular maintenance. This will include tasks such as topping up the tyre pressure, checking the lights, cleaning the mirrors and lubricating the chain. In addition to making sure that your bike is safe to ride, this should also prolong the life of the vehicle too. 

   Be Visible to Others 

   As a motorbike rider, you need to make your presence felt on the roads. Motorcyclists often get into accidents and are knocked off their bikes when they are not visible to other road users, so you need to make your presence felt on the road and make sure that you are always visible. If you are involved in an accident that was not your fault, you could look to make a personal injury claim to receive compensation for the damages.  

   Check the Weather Conditions 

   A good habit to get into before setting off on a motorbike is to check the weather forecast. The weather in the UK is unpredictable throughout the year, so it is always worth checking before you set off. Driving in rain and snow can be dangerous for a motorcyclist and you should avoid travelling in these conditions if possible.  

   Avoid Distractions 

   When riding a motorcycle, you must be completely focused at all times and this is all part of the thrill. This means that you need to avoid distractions as even taking your eyes off the road for less than a second could lead to a serious accident. This is why you should put your phone away and never wear headphones while riding. 

   Get Training 

   You will also find it worthwhile getting training so that you can learn how to drive safely and defensively. You can always improve as a motorcyclist and a training course could make a big difference to your abilities (and even bring your insurance down!). 

   Safety is paramount when it comes to riding a motorbike and these tips should help you to stay safe on the roads.  

    

    

    

    

    

   article supplied