Consider the following facts. A young man without a crash helmet is travelling as a pillion passenger on a motorcycle being ridden by his best friend, who is over the drink driving limit.

A police car spots this and pursues them. They evade the police car, but the bike then crashes and the pillion passenger dies. The deceased had been drinking throughout the day with his best friend.

You might think that pursuing a claim for the estate and dependants of the pillion passenger would be impossible. Think again. We've just successfully concluded a claim with the same tragic set of facts by way of negotiation with the motorcyclist's insurer.

This accident was a tragedy for all concerned. The two men were best friends and the family of the deceased didn't want a prosecution, as the motorcyclist had suffered immensely as a result of the death of his best friend.

The claim itself, however, could not be pursued on 100% basis. There were litigation risks in connection with the potential knowledge the passenger had about the rider's alcohol consumption and its effect on his ability to ride, and the deceased's failure to wear a crash helmet.

The defendant's raised these as issues in their defence during legal proceedings, but produced very little evidence concerning the knowledge of the drink-riding.

We had to advise the estate and the dependants of these risks, but successfully concluded an £80,000 settlement to be apportioned between them, as well as recovering all legal costs.

Tell us what you think

All documents should be read and used in accordance with the terms and conditions. This document is for your general information only and is not a detailed statement of the law. It is provided to you free of charge and should not be used as a substitute for specific legal advice. If you require specific legal advice please contact our helpline on 03700 86 86 86.