Motorcycle Accident Compensation Case Studies
PILLION PASSENGER INJURED ON MOTORCYCLE
Our client accepted a lift as a pillion passenger on a motor cycle from someone she barely knew.
The rider lost control of his motor cycle in the first kilometer sending our client sliding across the road into the path of incoming traffic.
Our client suffered serious orthopedic injuries. She had multiple surgeries.
Eventually our client was able to return to work, albeit only on a part- time basis.
We settled her claim for a large sum of money.
OVERSEAS STUDENT IN MOTORCYCLE ACCIDENT
LP came to Australia, from Slovakia, to study English in order to enhance his prospects of finding work in Norway in his specialist area of air‑conditioning. Unfortunately, he fractured his leg when he was knocked off his motorcycle in a road accident in Sydney. Liability was admitted by the driver’s CTP insurer.
Our client returned to Slovakia without completing his English course. Accordingly, his English is not good enough for him to work outside Slovakia. He lost his opportunity to work in Norway or elsewhere in Europe. Despite his injuries, the claimant was able to find a good job in Slovakia, and has reasonable career prospects.
We have brought our client’s claim for damages against the CTP insurer in Sydney. There were many logistical and language problems. We arranged for our UK based lawyer to travel to Slovakia to interview the claimant and others. Any information we received from Slovakia had to be translated into English. This was a time consuming and expensive exercise.
The matter was ultimately listed for an assessment conference at CARS in Sydney in April 2017. Just as our client was about to leave Slovakia for Sydney we managed to negotiate a very reasonable settlement of his claim.
QUAD BIKE COLLISION
CYCLIST SUFFERS BACK INJURY
FUTURE DASHED BY MOTORCYCLE ACCIDENT
We acted for a self-employed handyman who suffered fractures to his right shoulder and right thumb in a motorcycle accident when he was 28 years of age. For a period of 9 months after the accident and subsequent surgery, our client was unable to work at all and required extensive physiotherapy as he recovered from his injuries. His business suffered as a result.
Fortunately, the insurance company paid for all of our client’s medical treatment, and we achieved a settlement for our client which further compensated him for his lost income and also for his lost opportunities to grow and develop his business in the future.
Our elderly client was riding his motorcycle along a country road in Northern NSW when he attempted to pass a slow moving tractor, travelling in the same direction. To do so our client had to cross unbroken lines, even though the road was straight and he had a clear view of the road ahead of him for at least 800 metres (we visited the scene to confirm this). Unfortunately the tractor turned right, just at the moment that our client was passing it. Our client was knocked off his motorcycle and suffered serious orthopaedic injuries which resulted in our client being in hospital for several months.
The police charged our client with the offence of overtaking on unbroken lines. The tractor’s insurer accepted liability but alleged that our client was 50% to blame for having committed the traffic offence.
Thereafter we arranged a settlement conference at which the client’s claim was settled for a sensible sum, with only minimal reduction for his contribution to the accident.
CYCLIST SUFFERS SERIOUS INJURY
Our client was part of a motorcycle group riding in the Snowy Mountains. Our client missed the turn-off and stopped and then started to make a U-turn to re-trace her steps when she was struck by another motorcycle which had crossed to its incorrect side of the road. Both motorcycle riders suffered serious injuries and both made claims for compensation.
The claim proceeded to a court hearing on the issue of liability. The court found that our client was 60% responsible for the accident for having made a U-turn at an unsafe place on the highway. Accordingly her damages, which had already been agreed before the liability hearing, were reduced by 65% although the insurer was ordered to pay her costs.
MOTORCYCLIST SUFFERS SHOULDER INJURY
Our client, an IT expert, suffered an injury to his right shoulder when a taxi knocked him off his motorcycle.
Our client was taken to hospital where he underwent an operation on his injured shoulder. He was off work for about three months but returned to his pre-accident employment which fortunately was light in nature and did not require any particular physical exertion.
Liability was admitted by the insurer who also made a very reasonable offer of settlement very early in the piece.
As the offer was an attractive one our client instructed us to negotiate for an early settlement of his claim even though he faced the prospect of further shoulder surgery down the track.
We managed to settle the claim for a sum significantly higher than the insurer’s initial offer and accordingly the claim was settled on a most satisfactory basis.
SCOOTER RIDER HIT BY VAN
Our client was riding a scooter near Sydney University when she was knocked over by a van which made a right hand turn across her path. As a result our client suffered a nasty injury to her pelvis and was admitted to hospital.
The insurer admitted liability and our client made a reasonably good recovery from her injuries and has been able to continue working.
Our client’s claim was settled for a significant sum at an informal settlement conference with the insurer.
CYCLIST SUFFERS MASSIVE INJURIES
Our client was enjoying a motorcycle ride with friends in the country when a car coming in the other direction wiped her out when the driver failed to take a corner at a safe speed.
As a consequence our client suffered massive orthopaedic injuries which resulted in her being hospitalised for over a year. She had to undergo multiple operations and she faces the prospects of further surgery in the future.
It is unlikely that our client, who was in her early 50’s at the time, will ever be able to resume work.
After protracted negotiations with the insurer and its lawyer the case was settled for a very substantial sum.
MOTORCYCLIST HIT BY TRUCK
Brett was injured when the motorcycle he was riding on a winding narrow country road struck the rear wheel of a prime mover coming around a tight corner in the opposite direction.
The insurer denied liability on the basis that the truck driver could not keep the rear wheels of the prime mover on their correct side of the road because the road was too narrow and the bend was too tight. It also alleged the motorcycle was going too fast for the conditions.
The case went to court but was satisfactorily settled just before the hearing.
CAR COLLIDES WITH BIKE
Pat broke his leg and suffered other orthopaedic injuries when his motorcycle was hit by a car which made an unexpected U turn in front of him.
The insurer admitted liability.
Pat made a reasonable recovery and was soon back at work in the computer industry. There is a possibility of future deterioration in the condition of his hip.
This was taken into account when his claim was settled following negotiations with the insurer.
MOTORCYCLIST WINS IN COURT
Joseph was a 40 year old motorcycle rider, travelling 100km per hour when a vehicle parked on the side of the road decided to do a u-turn in front of him, causing a collision. Joseph suffered serious injuries. The Defendant denied liability and in the alternative alleged contributory negligence. The matter proceeded to hearing in the District Court for 6 days where our client was successful with total liability with no contributory negligence. Joseph was paid a very substantial amount by way of compensation
SCOOTER STRUCK BY VEHICLE
Robyn was a 33 year old scooter rider struck by a vehicle causing serious injury to Robyn’s right ankle and knee. Liability was accepted by the defendant. Expert medical evidence was obtained as to the ongoing affect of the injury. It was conceded that the client would not exceed the threshold of 10% to receive compensation for pain and suffering, therefore reducing the amount of damages she was entitled to receive. The parties participated in an informal settlement conference. The matter was successfully settled with the client receiving substantial damages.
SAILOR LOSES LEG ON MOTORBIKE
Samuel is a 30 year old sailor in the Australian Navy. He was riding his motorcycle to work in Sydney when a car suddenly turned across his path. Samuel crashed into the side of the car and was thrown to the ground, suffering serious injuries, which led to his left leg being surgically amputated below the knee.
After a lengthy period of rehabilitation including the fitting of a prosthesis, he returned to work with the Navy. Fortunately his employment with the navy is secure.
The insurance company admitted liability. Samuel’s claim was settled for a very substantial sum.
MOTORCYCLIST SERIOUSLY INJURED
We acted for a motorcyclist who sustained serious injuries when a vehicle in front of him decided to turn right and make a U turn without indicating. Despite the motorcyclist applying his brakes immediately, a collision could not be avoided. Liability was denied and this matter proceeded to court.
The client received a verdict in his favour with no reduction for contributory negligence, which was alleged by the insurer.
POLICE OFFICER RENDERED PARAPLEGIC
An off duty Police officer on a motorcycle was struck by a car doing a U-turn. Liability was hotly contested by the insurer and it was necessary to engage several reconstruction and biomechanical experts to give evidence in relation to the circumstances of the accident. Our client was rendered a paraplegic but was able to resume work with re-training to be a Police Prosecutor. The case settled for several million dollars.
MOTORCYCLIST SUFFERS BRAIN INJURY
Luke, 40, suffered catastrophic brain injury when his motorcycle left the roadway and struck a pole. It was alleged on his behalf that he was forced off the road by an unidentified car which had strayed onto his side of the road.
Accordingly his claim for compensation was made against the Nominal Defendant.
Luke remained profoundly disabled and required assistance with all aspects of daily life. He was confined to a wheelchair.
Liability was denied on behalf of the Nominal Defendant on the basis that there was no car and that the reason Luke’s motor cycle left the road was because he had an epileptic episode. Medical records revealed that Luke had been an epileptic for many years and had a history of being non-compliant with his medication.
CYCLIST SUFFERS BROKEN LEG
As our client was waiting to do a U-turn on his motorcycle in the Hunter region he was struck by a car, which broke his leg. After undergoing surgery on his fractured leg our client was able to recuperate so that he could return to his employment as a crane driver
The insurer admitted liability but alleged that our client was partially to blame for the accident for having started a U-turn. This was denied by our client.
The claim was settled for a sensible sum.
PILLION PASSENGER INJURED
We acted for a 44 year old man who suffered catastrophic injuries as a result of a motorcycle accident. Our client was travelling as a pillion passenger on his own motorcycle when the rider of the motorcycle lost control while going around a bend. Our client’s injuries included serious spinal injuries resulting in paraplegia as well as several fractures and head injuries.
The insurer for the rider of the motorcycle denied liability claiming that our client caused the accident because he did not lean with the motorcycle as it went around the bend. At the scene our client had told witnesses that he caused the accident.
The claim was successfully settled at mediation with a modest deduction for our client’s contribution to the accident.
POSTAL WORKER KILLED ON MOTORBIKE
We acted for the dependents of Louise who was killed while riding her motorcycle to work in Wollongong by a P-plate driver who ran into the back of her motor cycle as Louise was attempting to make a right hand turn in the laneway of Australia Post, where she worked.
Liability was admitted and a successful compensation to relatives claim was made on behalf of her dependents, including her grandchildren.
ACCIDENT IN FOG
We acted for a young man injured in a road accident when an oncoming vehicle turned into his path of the motorbike he was riding. The insurer for the other driver denied liability saying the driver’s vision was impaired by fog. Our client suffered nasty leg injuries, which rendered him incapable of returning to his pre-injury employment. We were able to negotiate an excellent settlement before the hearing of the case began which will go a long way in improving this young man’s quality of life.