Seven figure award for motorcyclist unable to stop at red light

A case which presented a difficult challenge for our client who was travelling in excess of the speed limit and failed to stop at a red light. The accident circumstances required detailed forensic analysis to understand distances, speeds and reaction times. Despite running a red light our client recovered significant damages from the third-party driver.

Damian Horan was assisted by Anna West and Christine Dowling from Aspire Law. Aspire Law were also assisted by Robert Weir KC of Devereux Chambers and leading forensic, medicolegal and quantum expert witnesses.

Background

Our client was riding his motorcycle in South Croydon at approximately 6:00am on his way to see his girlfriend. He was wearing appropriate protective motorcycle clothing, which was florescent and a helmet. He also had his lights on.

Whilst driving along the high street our client approached a set of traffic lights which were just turning from green to amber upon his approach. He did not have sufficient time to action a safe manoeuvre to stop and therefore proceeded through the traffic lights.

Shortly after passing through the traffic lights, the third-party driver pulled out of a left-hand side road and into our client’s path. Our client was knocked from his motorcycle onto the floor causing him to sustain severe injuries to include complete paraplegia at T8.

Our client had no memory of the accident due to a concussion injury.

Liability

When Aspire Law were first instructed the cause of the collision wasn’t properly understood. The police investigation was ongoing and there were few witnesses to the accident. The third-party driver blamed our client and our client had no memory of the accident. Given this we needed to obtain and understand as much of the available physical evidence as we could.

With that in mind, Aspire Law instructed a leading forensic reconstruction expert to examine the vehicles involved, visit the scene, obtain details of the traffic light sequences and timings, CCTV and thereafter reconstruct the likley sequence of events leading up the crash.

The accident reconstruction evidence proved unhelpful. It did not show our client passed under a green light. It also suggested our client was outside of the speed limit. These facts were potentially damaging to our client’s claim and required careful strategic planning.

Litigation process

Despite the reconstruction evidence proving unhelpful, Aspire Law did manage to achieve a high level of co-operation from the third-party insurer. This we did without the need to resort to court proceedings. With a collaborative approach Aspire Law and the third-party insurer were able to achieve their initial respective goals of understanding our client’s injuries and arranging ongoing rehabilitation and interim payments. Aspire Law were also able to locate a suitable rental property for our client, which the third-party insurer agreed to fund.

Difficulties following injury

Our client sustained a T8 complete spinal cord injury. This rendered him a permanent wheelchair user with no motor or sensory function below his waist. He also sustained a traumatic brain injury, with initial delusion, confusion and memory loss. There were further complications with an abscess and sepsis from epididymitis. During the whole process our client was guided by the Aspire Law team and the case manager to ensure the best outcome for him. He made a full recovery from his complications and was able to move forward despite them.

Developments during the claim

Once Aspire Law were instructed, we arranged for a private case manager to oversee our client’s discharge from hospital and then his move into a new adapted property with the necessary equipment and care/support.

As the forensic reconstruction evidence was unhelpful, the strategy was very much focused on an early negotiated settlement and avoid formal litigation when we would be forced to show our hand.

Valuation

As with all Aspire Law matters, we instructed a comprehensive list of quantum (value), experts in this case. The experts received all the available relevant evidence to include witness statements and medical records. The expert also met with our client to discuss his experience of spinal cord injury and his needs for equipment, housing, care, transport and the like. Following the consultations various the experts where then invited into conference with leading counsel to review their evidence before it was finalised in to a report.

Once the reports were received, the associated costs of all the services and equipment requirements contained in them were collated and entered into a schedule of loss, which set out our client’s total claimed losses. The claimed losses came to many millions of pounds.

Negotiations

Given the liability risks in this case, Aspire Law were keen to avoid any trial on the issues. The reality of the liability evidence meant that there was a real chance our client could lose his case.

Despite this, Aspire Law maintained the third-party driver was at fault. As the reconstruction evidence was not common to the parties it was a position that was time sensitive. Eventually, an offer to settle the claim was received from the third-party insurer. This was well into seven figures and proved to be an attractive offer given the possibility of losing at trial. The client accepted. The client has since gone on to buy a property and is enjoying life despite his life changing injuries.

Conclusion

This case is a good example of why detailed investigation is so crucial in these cases. Once the liability evidence had been obtained, we were able to understand the strengths and weaknesses in this case and develop a strategy following that, to ensure the best outcome for our client. On its face it would have been easy to assume there was no claim, for effectively speeding and jumping a red light, but despite that Aspire Law were able to carve out a claim and support our client throughout the whole process.

Damian Horan, Legal Director says:

“This case serves as another great example of Aspire Law’s ability to take on and win difficult cases that other solicitors would not accept.”