Motorcyclist wins c£500k after severe leg injury caused by 4×4 driver

While the country lanes of England can be a joy to drive along, it can be a problem if you have an accident in an isolated spot and there are no witnesses to confirm who was at fault. Insurance companies are naturally reluctant to admit liability without clear proof, and even when fault has been proven they sometimes drag out the admission of liability. Sadly, this means that an accident victim is denied the earliest opportunity for rehabilitation, but it often costs the insurers more in the long run.

This was the situation for a motorcyclist who suffered a severe leg injury in an accident with a 4×4 vehicle in October 2019. After nearly four years of battling against the insurers, he recently received a settlement of nearly £500,000 in a case led by Sam Seaford, a Personal Injury solicitor and Partner at Geoffrey Leaver Solicitors in Milton Keynes.

Collision at an unusual junction

An experienced motorcyclist, often participating in track day events, the motorcyclist was wearing (stronger) racing boots on the day of the accident that happened at a T-junction which has a unique and peculiar design. He was riding his Yamaha XJ900 not far from his home and, knowing this junction well, always took extra care as he was aware of accidents at that spot in the past.

After passing a junction on his left, the 4×4 driver turned onto the same road and collided with the motorcycle crushing the rider’s left leg between the bike and the vehicle and knocking him over.

Permanent injuries and implications

After being rushed to hospital by an ambulance, our client underwent emergency surgery and was kept in hospital for 26 nights.  His injuries include multiple fractures in his leg, ankle, and foot where skin had been ripped away. It was only thanks to his superior racing boots, that the medical team were able to save his leg, although it will be vulnerable to infection for the rest of his life.

The damage to his left leg is permanent and limits his movements and his ability to walk, drive and ride a motorbike.

It also affected his ability to work and the severity of the injuries forced his wife to stop her work as a carer to look after her husband for a year while he recuperated.

Arguably, he would have made a much quicker recovery if the insurers of the 4×4 had admitted liability at the outset, as this would have enabled this motorcyclist to receive professional medical rehabilitation support much sooner and would have aided his recovery.

Fighting for our client’s compensation

The peculiar layout of the junction turned out to be helpful, as Sam Seaford was able to show that the location of the accident proved that the motorbike had the right of way.  However, the insurers of the 4×4 still refused to admit liability, and made a derisory initial offer of just £30,000 by way of compensation.

As an experienced personal injury lawyer, Sam Seaford has access to a comprehensive database of compensation awards, and he knew that this was less than a tenth of what would be appropriate for this severity of injury.

In addition to the seriousness of the physical injuries, our client was entitled to compensation for psychological trauma and long term mental-health impacts.

On top of this, compensation would be payable for his wife’s lost income during his rehabilitation, medical equipment, the purchase of an automatic car, an adapted motorbike, loss of earnings and pension contributions.

While it can be tempting to accept an offer from the other side’s insurers, partly to simply move on with life, our lawyers know when it is important to keep fighting for the right outcome.

The insurers of the 4×4 driver finally ran out of delaying tactics and admitted liability, and Sam Seaford negotiated a settlement that was nearly sixteen times the original offer.

The motorcyclist was so relieved that the long claim process was over and so grateful for Sam’s “hard work and great result”.  He has purchased a new bike and managed to get back to enjoying riding again, with the help of a specialist motorcyclist coach, Mike Edwards, to enable him to be able ride safely on the race track and build back his confidence with motorbike riding.

 

Contact us

To find out more about how our personal injury team may be able to help you claim compensation following an accident on a motorbike that was not your fault, please contact Sam Seaford on 01908 689375 or via email at sseaford@geoffreyleaver.com to arrange a free and no obligation initial consultation.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

 

STAY CONNECTED
If you would like to receive automatic notifications of our latest news you can sign up to receive our newsletters or follow us on Linkedin, Twitter or Facebook.

Sam Seaford, Partner

Sam Seaford | Partner

Case Studies

Motorcyclist wins c£500k after severe leg injury caused by 4×4 driver

Sam Seaford | Sep 2023

While the country lanes of England can be a joy to drive along, it can be a problem if you have an accident in an isolated spot and there are no witnesses to confirm who was at fault. Insurance companies are naturally reluctant to admit liability without clear proof, and even when fault has been…

more
Employment

Has your employee social media policy kept pace with business practice?

Paula Stuart | Sep 2023

When did you last review or update the policy on social media use for your employees? Does it reflect the way that social media is being used on a day-to-day basis in your organisation? Deploying social media is now deeply embedded in many employees’ job descriptions, whether for the purposes of promotion and marketing, recruitment…

more
Residential Property

What is the registered charge on a property?

Emma Sidney | Sep 2023

If you take out a mortgage to buy your home, your lender will almost certainly register a charge against it at the Land Registry. The charge does not transfer ownership. However, it will give the lender important rights, including the ability to sell your home if you default on your loan.

more
Private Client Services

Best practice when acting as an executor

Dagmara Kulczykowska | Sep 2023

Seeking advice at the outset from an experienced solicitor is the best way to understand exactly what being an executor entails and to help you reduce the chances of anything going wrong along the way.

more
Commercial Property

Top tips for preparing to sell your commercial property

Asha Ali | Sep 2023

In a bumpy market, it pays to be well-prepared before you put your commercial property on the market. Your solicitor will help you to be ready for the kinds of questions you should expect from prospective buyers as they and their solicitors carry out due diligence checks.

more
Dispute Resolution & Litigation

Inheritance disputes following the death of a cohabitee

Jim McGarrity | Sep 2023

Contrary to popular belief, there is no such thing as common law marriage and if you are not married and your live-in partner dies, you have no automatic legal right to inherit all of your loved one’s estate unless they made this clear in their will. Jim McGarrity, Solicitor-Advocate in the Private Client Services team…

more
Next

ARCHIVE

Categories

Months

All

Related articles