Motorcyclist badly injured and facing false accusations from van driver

Throttle of a motorbike

Digby Brown's Dundee specialist solicitors in motorcycle accidents acted for Mr. D. after he was injured in a collision whilst he was riding his motorcycle.

Motorcycle accident on the A83

Mr. D. was riding his motorcycle on the A83 near Inveraray. As he was passing the entrance to a car park for a local restaurant, a van driver was leaving the restaurant.

The van driver pulled out in to the road, and caused a collision. 

Mr. D. had no time to react to the car pulling out in front of him and was unable to take evasive action to avoid the collision. He was projected, along with his motorcycle, along the carriageway.

Van driver denies responsibility for causing motorcycle accident

After the collision, the driver of the van reversed back into the junction mouth of the car park, and claimed Mr. D. had lost control of his motorcycle.

The van driver told police that it was Mr. D who had caused a collision whilst the van was sitting stationary in the junction.

No memory and significant orthopaedic injuries

Mr. D. had no memory of the collision due to a head injury he sustained. 

He also suffered from multiple fractures to his left leg, which required surgery and the insertion of metal pins, as well as an injury to his finger, both of which will have ongoing effects. 

Mr. D. also suffered multiple soft tissue injuries and abrasions, which you would expect from being projected from a motorcycle and colliding with the carriageway.

Impact of injuries from motorcycle accident

Mr. D. is a police officer, and was absent from his employment because of his injuries. Whilst he made a good recovery, he wasn’t able to return to work on full duties for around nine months. 

Mr D’s day to day living was also significantly affected during his recovery.

Specialist motorcycle solicitors instructed

Mr D instructed Digby Brown’s specialist motorcycle accident solicitors to assist him in recovering compensation for his injuries.

As Mr. D. had no memory of the incident, our motorcycle solicitors investigated alongside the police and other eye witnesses who were at the scene of the accident.

Our solicitors were suspicious of the version of events put forward by the van driver as it is highly unusual for an experienced motorcyclist to simply lose control on a straight section of road. As part of our investigations, they were able to determine that there was CCTV footage of the incident.

Thorough Investigations proved motorcycle accident was caused by other driver

Our solicitors were able to recover the CCTV footage which clearly demonstrated that the other driver had misled police with a false accusation against Mr. D.

The recording showed that not only had the van driver made up a version of events, but that Mr. D. was driving his motorcycle safely and with due care. 

The van driver was ultimately charged by police with driving offences, to which he later plead guilty and was convicted.

Motorcycle solicitors obtained admission of liability

Our motorcycle solicitors were then able to pursue a claim for Mr. D and to persuade the van driver’s insurers to admit liability for the accident.

Despite this, the insurer failed to make an appropriate offer to Mr. D. to compensate him for his losses. 

In addition to his injuries, Mr. D's motorcycle safety equipment was damaged beyond repair, and required to be replaced, his motorcycle was destroyed, and he lost income as a result of being absent from work.

Court action raised to ensure proper compensation

Our specialist motorcycle accident solicitors advised Mr D that in order to achieve the level of compensation to which he was entitled, court proceedings should be raised.

A court action was raised in the All Scotland Specialist Personal Injury Court and a date for the court hearing was set.

However, through skilled negotiations and because of Mr D’s case being thoroughly prepared, a five figure award of damages was made to Mr. D to compensate him for his injuries and other losses well before the court hearing.

“I was very happy with the service I received from Digby Brown.

“The lawyers assigned to my case were professional and visited my home rather than me having to attend their offices.

“I was kept updated along the way regarding the progress of my case and never felt that they would settle my case prematurely before securing the best compensation possible.”

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