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Written on 21st March 2022 by Claire Roantree

Boyes Turner’s road traffic accident (RTA) claims lawyers have secured a £1m settlement for a motorcyclist who needed a  below-knee amputation after being hit by a turning car. Our client was driving a friend’s motorbike when he was hit by an oncoming car as it turned right at a junction.

RTA injuries led to below-knee amputation

He suffered open fractures to his tibia and fibula (long bones) of both legs and a severe injury affecting the femoral artery in his right thigh. He needed multiple surgical operations, including a below-knee amputation and skin graft. He is now able to walk but has problems with his prosthetic limb. He needs additional mobility aids to rest the limb after longer periods of walking and when walking outdoors.  He experiences phantom limb pain and suffers from psychological symptoms, including PTSD. There is a small risk that he will need future surgery.

Our client had a prolonged stay in hospital and then received hospital rehabilitation. He was unable to live independently after the injury and needed ongoing care from his family. 

Car driver’s insurers strongly disputed our client’s claim

We put our client’s claim to the car driver’s insurers who strongly disputed the claim. Our client was charged after the accident for driving whilst disqualified and whilst uninsured but we insisted that this did not alter the car driver’s duty of care towards the motorcyclist and was not the cause of the accident. We also overcame the car driver’s insurers’ attempts to avoid liability for the accident by suggesting (without supporting evidence) that our client's excessive speed led to the seriousness of his injuries, that he had driven through a red light, and their attempt to challenge the provenance and ownership of the bike.

With our client’s claim so strongly disputed, the car driver’s insurers refused to make any payments under the Rehabilitation Code to finance our client’s further rehabilitation.

£1 million settlement will pay for rehabilitation

Whilst we were preparing to issue court proceedings and pursue the claim towards a trial on liability (fault), the car driver’s insurers made a settlement offer of £1 million. Our client instructed us to accept the offer. His compensation will pay for a specialist prosthetic limb, physiotherapy and rehabilitation, mobility aids and equipment, domestic support and adapted accommodation.

Our client’s compensation is protected and managed via a personal injury trust.

"Through my dealings with Claire as my representative in a personal injury claim, I have been extremely grateful for her professionalism and attention to detail. 

I believe going above and beyond to help accommodate my needs and explain everything in a way that I could understand. Working around timing for video calls and zoom meetings with myself and my mum, often on weekends and evenings. We always knew she was just a phone call away to answer any questions we had and if she didn’t have the answer then it would be found out for us. Once the claim was settled, she has still offered her support and provided contacts to do with my injury fund and further surgery I need. "

If you have been severely injured as a result of a road traffic accident caused by a driver’s negligence and would like to find out more about making a claim, you can speak to one of our accident claims specialist solicitors, free and confidentially, by contacting us here.