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Title: Collision on private land leads to successful claim - 21 October 2013

Amount: £47,500.00

Bikelawyer was recently instructed to represent the victim of a motorcycle accident which occurred on private land. Mr F had been riding his pit bike off-road in a field when the land owner drove his land rover into collision with Mr F’s motorcycle.

As a result of the collision Mr F sustained a fracture dislocation of the right wrist with scapho-lunate dissociation which required several operations to his dominant right wrist including insertion of metal pins and plates in an attempt to set the numerous fractures, and k-wire fixation and carpal tunnel decompression within his forearm and wrist.

Liability was initially disputed however Bikelawyer successfully argued that not only had the driver of the land rover been negligent by having driven in to Mr F’s motorcycle, but that he was also liable for the injuries caused under the Occupiers Liability Act 1984. Liability was subsequently conceded in full.

The accident left Mr F with impaired range of movement in his right wrist and he was unable to return to his pre-accident employment as a labourer. A functional capacity evaluation was arranged which confirmed that Mr F was suitable for light to medium demands work where repetitive or sustained exertion could be avoided and he was therefore unable to carry out the tasks required of him as a labourer.

A vocational evaluation was therefore carried out to identify suitable retraining for Mr F, as a result of which Bikelawyer sought to recover the costs of Mr F having to retrain as an excavator driver. It was also identified that a bar to Mr F being able to return to work was his lack of a driving license and so Bikelawyer included the costs of intensive driving instruction within his claim.

Following a period of negotiation the claim was settled globally for £47,500.00 net of deductible benefits.

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