Boyes Turner’s personal injury solicitors secured a £92,500 settlement in a claim for a motorcyclist who was hit by a car which turned into his path as he overtook a queue of slow-moving traffic. The 62-year-old man was riding his motorbike at a speed of 15-20mph as he filtered and weaved between the queueing vehicles. As he approached a junction leading off from the right hand side of the road the defendant driver simultaneously indicated and pulled out suddenly in front of him, leaving him no time to take evasive action or apply his brakes. The defendant’s vehicle collided with the left footplate and handlebar of the motorcycle, throwing our client into the road, where he landed on his right elbow and hit his head. Crash causes severe open fracture to elbow tip with risk of major future surgery He was taken to hospital where an x-ray revealed he had suffered an open comminuted right dominant olecranon fracture (break in the bony tip of the elbow). He also had widespread pain and bruising in his upper and lower limbs, and lower torso. He needed surgery on the fractured elbow which was then kept in a plaster cast for four weeks with subsequent physiotherapy. Our medical expert advised that within the next two years he will need major revision surgery involving removal of the metalwork from his post-collision operation, structural bone grafting and re-fixation. The revision surgery carries a 25% risk of infection and a 50% chance that he will develop arthritis in the ulnohumeral joint of the elbow within five years. If that happens, he will then have a 40% risk of intrusive pain and the need for injections, joint arthroplasty and physiotherapy. Our client was unable to return fully to the physical work involved in his flooring business. On his return to work several months after his surgery, he reduced his working week and the type of contracts that he took on, engaging additional help where needed for heavier tasks. He remains disadvantaged on the labour market from his inability to carry out physical work. Litigation risks overcome by early, negotiated settlement We notified the defendant driver and his insurers of our client’s personal injury claim. The defendant’s insurers denied liability for the collision and our client’s injuries, relying on their driver’s account of the accident and the police report which suggested that the driver’s vehicle was indicating prior to our client’s decision to overtake as both vehicles approached the junction. This left our client with a ‘litigation risk’ of a significant reduction in his compensation arising from his own contributory negligence if a trial judge accepted the defendant’s recollection of events. We initiated settlement negotiations by disclosing a schedule of loss and supporting evidence to the driver’s insurers, alongside an offer to settle the claim. The insurers instructed solicitors and further negotiations resulted in a £92,500 compensation settlement for our client. The settlement reflected a discount for our client’s contributory negligence. The claim was concluded without the need for court proceedings. Our client kindly commented: “It’s been fantastic paying some debts and outstanding bills since I received my first payment. Just so you know, the work you do is appreciated, and it’s made a massive difference to me and my mental health. Thank you.” If you have been seriously injured in a road collision, and you would like to find out more about funded rehabilitation or making a claim, you can talk to one of our experienced solicitors, free and confidentially, by contacting us.
