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Written by Kim Milan

Boyes Turner’s road accident injury claims specialists have secured a compensation settlement for a client who suffered severe injuries to his leg when his motorcycle was struck by the defendant’s car. The car had left a roundabout and veered towards the centre of the road, into the path of the motorcycle.

Our client was thrown from the motorbike and landed several feet away.  His injuries included a severe, comminuted fracture of the right proximal tibia (upper part of the shinbone) extending into the knee joint. He was admitted to hospital and underwent emergency fasciotomy surgery. He was left with permanent pain and significant scarring. He also developed multiple fat lesions in his leg. He suffered a loss of earnings and is handicapped on the labour market (has fewer job options open to him) as a result of his injury.

We pursued a claim for compensation for our client against the driver of the car. Our client’s case was made more difficult by a note in the attending police officer’s notebook which suggested that our client had been on the wrong side of the road when the accident occurred. Our client’s recollection was that he had been in his own lane, so we obtained our client’s mobile phone company records and detailed ambulance service logs which set out the time that the emergency services had arrived and the actions they had taken to move debris from the location of the accident.  This helped us establish that the police notebook was not a reliable indicator of the final resting place of the bike and debris from the accident and our client’s position on the road when he was hit. Further evidence was obtained from independent witnesses to the accident. The case concluded successfully with a negotiated compensation settlement.