James* was involved in a collision whilst riding his motorbike. He had pulled away from traffic lights and was filtering into traffic when he was struck in the rear by a car as the driver had failed to notice him.
James suffered a very serious injury to the knee including an oblique complex comminuted fracture involving the right tibial plateau extending to the tibial shaft, ACL rupture, PCL sprain, PCL rupture and lateral meniscus tear.
James was taken to hospital where he underwent reconstruction surgery of the knee. He received extensive rehabilitation which included physiotherapy. As a result of the knee injury, James struggles to walk over uneven ground, is only able to walk short distances at a low speed, is unable to run, has residual restrictions and struggles to kneel or crouch.
Liability was fiercely contested by the driver’s insurers who alleged that James was travelling at speed whilst filtering and negligently cut in front of him causing the driver to collide with his motorbike as he was unable to avoid the collision.
We were successful in reaching a compensation award of £110,000 for James which reflected an agreed liability apportionment of 60/40 in his favour. We successfully argued that the damage sustained to the car and motorcycle indicated that James was already established in the lane and had not cut across the car as alleged by the driver.
Mark Robinson, Senior Associate and part of our Serious Injury team acted for James and commented:
“In cases involving motorcyclists it is important that a firm who specialises in such claims is instructed. James recognised this and achieved a settlement commensurate with his significant injures.”
*The names and identifying details of the client have been changed to protect the privacy of the individuals involved.