Access Legal from Shoosmiths acted for Mr X in a claim for personal injury compensation following a road traffic accident.

The accident occurred while he was riding his motorcycle. Quantum was agreed, but the other party disputed liability and the case was heard before a judge at Liverpool County Court.

What we did

After receiving instructions to act on behalf of Mr X we sent letters of claim and received correspondence disputing liability from the other party's insurance company.

Mr X was riding driving along College Road intending to turn right into a side road ahead, Brooke Road East. He checked his mirrors, indicated to turn right, moved into the centre of the carriageway, and waited until the traffic was clear in the other direction before commencing his right turn.

Mr X said the defendant was ahead of him and had past the junction of Brooke Road East when, as Mr X commenced his right turn, the defendant suddenly performed a partial U-turn, colliding with the claimant's motorcycle, causing it to fall over to the right taking him with it.

The defendant said he signalled with the intention of turning right into Brooke Road East and slowed to execute the turn and saw the claimant and his motorcycle falling to the floor on the offside carriageway. The defendant alleges he didn't collide with the claimant.

We obtained an independent witness statement which supported Mr X's version of events and a police report containing statements of two witnesses who confirmed the claimant had been 'cut up' by the defendant's vehicle.

The defendant's insurers maintained a denial of liability, but made a 50/50 split liability offer, which we rejected.

The matter eventually ran to trial and, despite neither independent witness being able to attend, the Judge found 100% in Mr X's favour, his judgment stating that: ""In my view Mr Y undertook a late manoeuvre on that day realising he was coming up against the red light. He could not confirm he looked in his mirror to establish whether the claimant was in the area. 

It all happened at slow speed, but I find that the reason this collision occurred, even if it was only a glancing blow, must have been because the defendant had inadequate regard for the claimant and the manoeuvre he was carrying out. In those circumstances I find for the claimant." 

We arranged a medical examination for the claimant in August 2009, and the subsequent report confirmed that he had suffered neck pain where he had hit his head on the ground when falling from his motorbike, which resolved one month post-accident. His right elbow was grazed, with abrasions which healed after four to six weeks, leaving a small scar. There was swelling and abrasions on the right knee which resolved after two months, leaving a small scar over the kneecap. There was also swelling and soreness over the right ankle which resolved in two months. All symptoms had fully resolved.

Quantum had been agreed on a global basis prior to the accident, so the claimant received the full £3,235 amount that had been agreed.

The case has now been submitted for reporting on Lawtel, and can be used in future as a precedent case for any accidents involving accident circumstances.

Case handler

Andy Smith is a case handler in the personal injury department. He acts mainly on behalf of claimants and deals with a wide range of injuries and case scenarios, specialising in the court process and taking cases to trial.

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