Spinal cord injuries in a motorbike accident
Mr Hernandez was riding his bike along Victoria Park Road. It was a fine day. He had collected his bike, a vintage BMW R80 earlier that day. Victoria Park Road is a one way street. As he approached a side road on the left, the driver of a BMW car pulled out of the side road in to the path of the motorcycle. Mr Hernandez suffered a spinal cord injury as a result of the collision.
The case went to trial to decide who was to blame because liability could not be agreed.
Discover more about how Levenes Personal Injury Solicitors are helping spinal cord injury clients and their experience with Levenes:
A motorbike accident compensation claim
The Defendant edged out from the side road giving himself a view of 40 metres up the road to his right. The Claimant’s case was that the Defendant did not take proper care to ensure that the road was clear before he pulled out. The Defendant’s case was that Mr Hernandez was speeding. In fact, the police thought that he was riding at 58 mph in a 30-zone based on CCTV footage which captured the rider as he was approaching the scene. Although this was the speed given by the police, it was accepted by both sides at the trial that this calculation of speed was incorrect because of a mistake by the police officer.
At the trial, the Defendant alleged that Mr Hernandez was riding at 51 mph which was 21 mph over the speed limit at the time. The CCTV was analysed by the experts who agreed that the speed was in a range of 45-49 miles per hour. The trial judge concluded that the Claimant was travelling at “at least 45mph and probably nearer 50mph”.
Spinal Cord Injury Accident Claim Judgement
The court found that the car driver was negligent. It was not sufficient for the Defendant to edge out to the point where he could see to approximately 40 metres up the road. The judge also found the motorcyclist to have been negligent because of his speed.
It was later agreed to apportion liability on a 50/50 basis. The case was adjourned whilst evidence was obtained by the parties as to the Claimant’s injuries and losses.
Settlement for spinal injuries claim
The Claimant suffered an incomplete spinal cord injury as well as a serious shoulder injury. The effect of the injuries was to severely limit his mobility. Although he can walk a few steps, walking is very difficult, and he spends most of his time in a wheelchair. He has not been able to return to work as a specialist furniture designer and maker.
Experts were instructed to consider all aspects of his case including what special equipment he would need to help make his life as comfortable as possible.
Following discussions in a round table negotiation with the Defendant’s legal team, a settlement was reached, and Mr Hernandez is now able to get on with this life.
Our client was a keen sports person and skier before the accident and has been able to buy specialist skiing equipment for people with disabilities so that he can continue with the sport he loves.
Spinal Cord Injury Compensation Claims
Our specialist spinal cord injury solicitors have been successful in some of the most complex claims. Levenes spinal cord injury solicitors really understand how serious this type of injury can be and the many problems people suffer.
You will need expert advice on what action you can take to obtain accident compensation. You can trust in the experience and knowledge of our team of professional serious injury lawyers to ensure that you receive the maximum amount of compensation that you are entitled to.