Archive for the Category ◊ Road Traffic Accidents ◊

Injured Motorcyclist Wins Compensation after Car U-Turn

Author: • Friday, March 08th, 2013

An injured motorcyclist has been awarded compensation after they were struck by a car making a u-turn.

The injury happened to Owain Sullivan as he was travelling along the A22 in Sussex during April 2009. The trainee mechanic was riding his 250cc motorbike at the time.

A Peugeot 206 vehicle turned left into a side road from the A22. However, it made a sudden u-turn and pulled out straight into the path of Mr Sullivan’s motorcycle. He was thrown through the air in the collision and suffered injury.

He was airlifted from the crash scene to the nearest hospital, where he underwent treatment. He fractured his wrist in the accident as well as damaging his neck and groin.

Mr Sullivan tells the Sussex Courier that he was lucky not to suffer more serious injuries and that his motorbike left a large dent in the car. He also states that the incident left him traumatised for months afterwards.

The paper reports that last month Mr Sullivan finally received compensation from the insurers of the car for the injuries that he suffered in the accident. He has apparently been awarded £22,500.

Insurers Appeal Compensation Award as Pedestrian was not Wearing High-Vis

Author: • Thursday, February 07th, 2013

Insurance company, Churchill, have been given leave to appeal a compensation award to a young pedestrian hit by a car.

A High Court Judge had previously ruled in favour of 16 year old Bethany Probert in the case about an accident that happened in December 2009. She was walking home from a riding stable when she was struck by a car.

Ms Probert was wearing headphones and walking in the darkness on the country lane, but was stood on the grass verge when she was struck. She was thrown into a ditch by the car and the driver had to go back and find her.

Ms Probert suffered serious injuries in the accident that have caused lasting health problems. With the help of her family, she made a damages claim against the insurers of the car and a High Court hearing ruled that the incident was entirely the driver’s fault.

The BBC reports that the insurers have now been given leave to appeal the decision that their driver was wholly responsible. They are thought to be arguing that Ms Probert should have been wearing some form of high-visibility jacket whilst walking on the lane.

The appeal is now set to take place at a later date. Ms Probert is thought to be seeking compensation of over £3million to pay for her ongoing care.

Motorbike Passenger Sues after Collision with Bus

Author: • Wednesday, January 30th, 2013

The pillion passenger of a motorbike is suing after he was injured when it crashed with a bus.

Daniel McCracken was injured in the incident in January 2007. He was just 16 years old at the time, and was the pillion passenger on a Kawasaki motorbike.

The bike crashed into a bus as it was travelling through Carlisle. Both Mr McCracken and the driver of the bike suffered head injuries in the accident, and were rushed to hospital.

Mr McCracken suffered damage to the left side of his brain that has had a lasting effect on his life. The injury affects his movement down the right side of his body. It also has left him with speech difficulties.

Now, the News and Star reports that he is suing the driver of the bike (Damien Smith), the bus driver, and the Motor Insurers’ Bureau, seeking compensation for his injuries.

Mr Smith was also just 16 years old at the time of the accident, and was not insured to drive the bike. Representatives for Mr McCracken argue that he did not know that the bike was uninsured.

The case is reported to be ongoing at the High Court in Liverpool.

Ruling Made in Car Crash Court Case

Author: • Tuesday, January 29th, 2013

A ruling has been made in an accident involving a car and a schoolboy.

The long running legal battle is in regards to an accident that happened back in July 2002. Alan Dev Paramasivan was just 13 years old when he was struck by a Mercedes car in Leatherhead.

Mr Paramasivan suffered injuries to his leg and head in the impact. These injuries have been described as serious in their nature.

At court last year, it was decided that both Mr Paramasivan and the driver of the Mercedes were 50% responsible for the accident. This meant that he would receive up to £250,000 in compensation for his injuries.

However, this original decision was appealed, and a hearing is reported to have taken place in the Civil Appeal Court in London last week. The Judge ruled different to the original verdict, concluding that Mr Paramasivan was in fact 75% responsible for the accident himself.

The court heard that Mr Paramasivan ran into the road after throwing ice cream at his friend as a prank. The Judge ruled that this was careless and caused the hazard. However, the driver was also ruled partially responsible for failing to respond, albeit in the briefest of moments.

Your Local Guardian reports that the amount of compensation due in the case will be decided at a later date. Mr Paramasivan will receive 25% of what he would have received if the car driver was deemed wholly responsible for the incident.

Man Hit by Car as he Stood in the Road with his Trousers Down Wins Millions in Compensation

Author: • Thursday, January 24th, 2013

A man who was struck by a car whilst he was standing in the middle of the road with his trousers down has won the right to claim millions in compensation.

The incident happened to former Royal Marine Robert Ayres whilst he was on a night out with friends in Leicester during September 2008. A High Court Hearing heard that in the early hours of the morning, Mr Ayres walked into the middle of the road and pulled his trousers and underpants down.

Mr Ayres continued to expose himself to oncoming traffic despite pleas from his girlfriend to stop. A Volkswagen Passet, driven by Mahesh Odedra, struck Mr Ayres as he stood in the road, causing him to fall and hit his head on the kerb.

Mr Ayres suffered a serious brain injury in the accident and will need specialist care for the rest of his life. The Daily Mail reports that Mr Ayres sought compensation to cover the costs of this care, and a decision on liability in the case has just been taken at the High Court.

Judges have ruled that driver Mahesh Odedra was 80% responsible for the accident, whilst Mr Ayres was 20% responsible himself. Mr Ayres behaviour was described as “very foolish” but the judge still placed the lion’s share of responsibility with the motorist.

Mr Ayres will now receive 80% of the compensation due to him. The settlement could run into millions because of the serious of the injuries suffered. The exact figure will not be decided until a later court hearing.

Man in Compensation Struggle after Car is Hit by Police Vehicle

Author: • Monday, January 21st, 2013

A man is in a struggle for compensation after his car was struck by a police vehicle.

Graham Seymour was in his Ford Fiesta car travelling around Birmingham when the accident happened in February 2012. He turned out of the Stechford Cascades leisure centre and was then struck by a police patrol car.

The crash caused him to suffer whiplash and a shoulder injury. The injuries left him having to take five weeks off work to recover. His car was a write-off after the incident.

The Birmingham Mail reports that Mr Seymour is in a battle for compensation with West Midlands Police. He argues that the patrol car was not using its flashing lights and siren as it should have been.

This argument has been rejected by West Midlands Police. The paper reports that the force have so far refused to pay out compensation as the patrol car was using its siren and lights.

Mr Seymour claims that an independent witness to the accident backed up his assertion that the patrol car was not using its emergency signals. However, police did not take a statement from her at the scene.

Mr Seymour is appealing for this witness to the crash (who was driving a white car) to come forward. His local MP has expressed his concern that there were no witness statements to a crash that happened on a busy street.

Bus Company Sets Aside £131,000 to Pay Compensation Claims

Author: • Thursday, January 03rd, 2013

Lothian Buses has set aside over £131,000 to pay compensation to passengers injured on their vehicles.

The Scotsman reports that there were 500 accidents on the firm’s buses during the yearly period between November 2011 and November 2012. Lothian Buses has set out £131,206 to pay compensation to those injured in these bus accidents.

It is reported that people were injured in various ways during these accidents. Some were injured after being thrown around the inside of the vehicle by sharp braking. On top of this, 85 people were hurt falling whilst they were getting off or on to the bus, and 42 people were injured by being trapped in the bus doors.

A spokesperson for the company told the paper that the number of injured people was a tiny percentage of passengers that had used their transport services during the year. He estimated this figure to be around 0.0005 percent.

Although a small number of accidents are inevitable, the spokesperson confirmed that the company had excellent safety training programmes in place.

Legal Battle for Compensation after Crash with a Police Car

Author: • Wednesday, January 02nd, 2013

A legal battle for compensation is underway after a crash involving a police car.

Julian Starks suffered serious injuries in the crash which happened back in 2007. He was traversing a mini-roundabout in Stevenage when he was involved in a collision with a police vehicle driven by a female police officer.

The impact of the collision caused Mr Starks to suffer a broken neck. He tells the Hertfordshire Mercury that despite the level of injury he has not been left paralysed. He will however suffer life long symptoms such as aches and pains.

Mr Starks made a claim against Hertfordshire Police after the accident, claiming the female officer was at fault. A judge in the case subsequently ruled that Mr Stark was 55% responsible for the accident himself. However, a hearing at the Court of Appeal has resulted in him being granted permission to launch a full appeal of this decision.

Lord Justice Moore-Bick stated at the hearing that it was arguable that the police officer bore greater responsibility for the collision, after the details of the accident were relayed during the hearing.

Both Mr Starks and the Police vehicle were approaching the roundabout at the same time and could see each other for several seconds before impact. Mr Starks’ legal team argued that whilst their client had committed a minor misjudgement, the police officer – who was not on an emergency call – failed to slow down and drove straight over the roundabout.

Mr Starks’ injuries are reported to be so severe that he could receive £100,000 compensation, if the police officer is deemed to be completely responsible for the accident.

£4Million Claim after Paramedic Loses Leg in Motorbike Accident

Author: • Friday, December 14th, 2012

A compensation claim that could total £4.65million is underway after a paramedic lost his leg in a motorbike accident.

The accident happened to John Brown back in 2007. He was riding his bike along Walsall Road in Walsall, when a van turned right into his path.

The van and the bike collided, and his left leg was caught between the two vehicles. This caused his leg to be cut off at the thigh. An off-duty policeman, who happened to be passing the scene at the time of the accident, saved Mr Brown’s life by preventing catastrophic blood loss.

Now, the Express and Star are reporting that he is making a compensation claim against the insurers of the van. They have already admitted liability for the incident but are contesting the amount of compensation due.

A hearing at the High Court in London has heard that Mr Brown is seeking a £4.65million settlement. This is said to include £700,000 for an adapted motorbike, £700,000 for an adapted house, £300,000 for prosthetics and £500,000 for lost earnings. Before the crash, Mr Brown worked as a motorbike paramedic but had to give up that job. He now works as a voluntary driver.

The insurance company dispute the amount sought, insisting that Mr Brown is only due £1.6million.

The hearing is ongoing.

Cyclist Hit by Police Car on 999 Call Makes Compensation Claim for £1Million

Author: • Thursday, December 13th, 2012

A cyclist, who was struck by a Police car responding to an emergency situation, is reported to be making a compensation claim for £1million.

Donald MacLeod was cycling in London when the accident happened in March 2010. He was at the junction of Northchurch Road and Southgate Road when he was struck by a police car. The police vehicle in question was on an emergency call, responding to reports of a shooting.

Mr MacLeod was wearing a helmet and high-vis vest at the time of the collision. He suffered massive life-changing injuries that have had a dramatic influence on his life. The injuries have left him unable to speak and also limited his movement. As a result of this, he requires 24/7 care.

The Evening Standard reports that with the help of his family, Mr MacLeod is now making a claim against the Metropolitan Police. His team state that the negligence of the Police Force resulted in his injuries.

Any compensation gained from a settlement will go towards providing for Mr MacLeod’s expensive care needs. His friends and family have already raised £30,000 to support him after the accident. He has yet to return home, as his house reportedly needs to be specially adapted to his needs.

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