A Motorbike Accident Claim Case Study – Client Situation
A man in his 30s was riding his motorbike with his wife riding as pillion passenger when a car travelling in the opposite direction attempted to turn across their path. The car collided with the side of the motorbike and both the biker and the pillion passenger were thrown off.
The biker suffered multiple injuries, including broken bones and grazes over his right knee and legs that have left scarring. He was immediately taken to A&E after the accident and had to undergo surgery.
He also suffered from headaches and Post Traumatic Stress Disorder (PTSD), and while he has now recovered from the PTSD, he still suffers from anxiety and a low mood.
His injuries were so severe that he didn’t work for 17 months, and was unable to carry out many daily activities or sports without experiencing pain. He had to undergo physiotherapy to help him manage the pain in his right leg, knee and back.
His wife, the pillion rider, sustained a leg fracture in the motorbike accident and required surgery which involved the insertion of a metal rod. The surgery left scars on her leg and knee, and she continues to suffer from a limp and significant pain in her lumbar spine and both hips.
She also suffered damage to her teeth and had to have remedial dental work carried out on the NHS. Furthermore, she also suffered PTSD as a result of the accident and underwent psychological treatment. She continues to suffer from a phobia of riding a motorcycle, as well as depression, anxiety and loss of confidence.
How We Helped
The couple approached our Motorbike Accident Solicitors for help with claiming compensation from the driver. Susan Vanden, Partner and Road Traffic Accident Technical Manager, reviewed the details of their claim and agreed to represent them on a No Win, No Fee basis.
We approached the driver’s insurer and in presenting the case argued that the accident was the result of the car driver’s negligence. Specifically, we said the driver failed to notice the presence of the motorbike, which had been correctly proceeding at the time, and that the driver of the car attempted a turn when it wasn’t safe to do so.
The car driver admitted liability (fault), which meant we didn’t have to take the claim to Court. We calculated an appropriate amount of compensation based on the severity of their personal injuries and the financial losses they had sustained.
To help with this, we arranged for medical examinations and reports to be carried out by a GP, Orthopaedic Surgeon, a Plastic Surgeon and a Dental Surgeon, which detailed the extent of our clients’ injuries and treatment needs. We also assessed the financial impact of the couple’s injuries, including the effect of loss of income, medical expenses and care and rehabilitation costs.
The rider of the bike was awarded £65,000 compensation. This reflected the financial loss, damage and personal injury he had experienced, and gave him the means to access the treatment he still needs.
For instance, he is still distressed by the image of his wife lying in the road injured following the accident, and a course of Cognitive Behavioural Therapy has been recommended to help address these ongoing symptoms.
His wife was awarded £90,000 in compensation, which will also be invaluable in funding further treatment, including additional dental work.
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