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Title: £100,000 compensation for motorcycle accident - 27 November 2013

Amount: £100,000

Bikelawyer was instructed by Mr R following an accident on a highway. It was alleged that on the night before the accident the local authority had resurfaced the carriageway on the exit to a roundabout but had failed to adhere to correct working practices which resulted in loose gravel being left across the carriageway creating a hazard. As Mr R was exiting the roundabout his motorcycle lost traction and he fell off sustaining significant injuries including a fractured clavicle, fractured right wrist, fracture and dislocation of the left thumb, lacerations to the upper thigh and both knees and psychological injury.

Mr R contacted his local solicitor who directed him to Bikelawyer because of our specialist knowledge of motorcycle litigation.

A letter of claim was sent to the local authority requesting copies of all records relating to the road surfacing works that were carried out. The local authority denied that any road works had been performed and provided only limited disclosure of documentation relating to the road surface none of which confirmed the existence of road works having been carried out prior to the accident. The local authority advised that the claim should be redirected to the company contracted to carry out road works in that area, who also denied having carried out any road works at the time of the accident.

Bikelawyer provided both the local authority and the contractor with contemporaneous photographs showing roadwork signage in place at the time and a series of traffic cones which were in place both along the carriageway and around the roundabout. Despite this evidence both the local authority and the contractor continued to deny that any road works were being carried out at the time of the accident.

Proceedings were issued against the local authority and the case was listed for a split trial to deal first with the issue of liability. The local authority continued to deny the existence of road works and the court began listing a trial date. Shortly after the local authority confirmed that notwithstanding their previous assertions and the contents of their formal defence, road works had been carried out and they provided disclosure of documents relating to the works performed, and identifying a separate contractor that had carried out the road repairs. The local authority then issued their own claim for an indemnity against the contractor that carried out the work.

Bikelawyer obtained expert evidence from a highway engineer and a trial date was listed. Several weeks before the final trial date the local authority’s contractor attended a joint settlement meeting and a settlement was agreed in the sum of £100,000.00.

It is also noteworthy that the final settlement was subject to a CRU appeal in favour of Mr R which was pursued by Bikelawyer. The CRU appeal was successful which resulted in additional compensation being released to Mr R.

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