Pedestrian Hit by Motorcyclist Awarded Compensation

Author:
Simon Stanfield
Partner, Head of Road Traffic Accidents
Date:
16/09/2021

We helped a woman who was knocked down by a motorcycle when crossing the road get compensation.

Katie*, a woman in her 40s, was crossing the road when suddenly and without warning, a motorcycle appeared and knocked her down.

The rider of the motorcycle had been moving between stationary vehicles, and moving too quickly to see Katie trying to cross the road.

Katie suffered several injuries in the accident, including a laceration to her right leg and a fracture in the arm, as well as dental injuries.

She was left with lasting symptoms, which meant she relied on members of her family to provide basic care, such as helping her with household chores for a couple of months.

Katie’s dental injuries also affected her speech, which caused her problems at work, and she could no longer enjoy hobbies such as tending to her allotment.

Gathering Evidence

Katie approached our expert Road Traffic Accident Solicitors for a free claims assessment to discuss claiming compensation.

I agreed to help her, as it was clear from what she said that the accident had been solely caused by the motorcycle rider’s negligence.

We approached the rider with details of the claim, arguing that Katie had been injured because he’d been driving too fast, so he couldn’t react to her crossing the road in time.

I also arranged for Katie to be assessed by an Endodontics Specialist, with expertise in the diagnosis and treatment of pain relating to teeth, as well as a Consultant Orthopaedic Surgeon.

They put together detailed reports outlining Katie’s condition, which helped us identify what future support and rehabilitation she needed.

Assessing Financial Losses

Another important part of the claim was working out how the accident had affected Katie financially.

She’d racked up losses and expenses because of her injuries, including lost earnings and the cost of medical treatment.

I also made sure my estimate of how much compensation she should claim reflected her future losses. For instance, it was clear that her injuries could put her at a disadvantage when applying for jobs in the future, and affect her earning potential, so it was only right this should be considered when making a claim.

In addition, the claim reflected the level of care and support she’d been given by her family for a couple of months following the accident which went over and above what would normally be expected.

What was the Outcome?

Although the rider didn’t accept full responsibility for the accident, they did thankfully agree to accept the lion’s share of the blame.

This meant that Katie didn’t have to go through the extra distress of the case going to Court, and we could agree a settlement amicably.

This was based on liability (fault) being split 85/15 in Katie’s favour, and she was awarded £35,000 in compensation.

The settlement is a fair reflection of the pain and suffering she’s gone through, and the impact of her injuries on her life.

For example, the compensation means she can cover the cost of the various medical treatments she’s undergone since the accident, such as remedial dental care and some physiotherapy sessions.

We wish Katie well for the future.

*not her real name

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