Biker seriously injured by uninsured driver
BIKER SERIOUSLY INJURED BY UNINSURED DRIVER IN HIT AND RUN AWARDED SIX FIGURE SETTLEMENT
Gildeas Solicitors secured a six-figure settlement for a client who was seriously injured in a hit-and-run accident with an uninsured driver.
Read on to learn how Gildeas Director, Emma Thomson and Solicitor Advocate, Fergus Thomson successfully represented our client in this challenging case.
Overview of the case
Back in 2021, our 61-year-old client was travelling to work on his motorcycle. Whilst riding down a main road, he was struck by an uninsured driver travelling in the opposite direction at 70mph in a hit and run accident.
“I was just going to work that morning. If I’d gotten a taxi that day, it would’ve been a whole different story.”
There were several difficulties in the case due to the unknown identity of the third-party driver. Gildeas Solicitors acted quickly to ensure the third-party driver was identified before the time-bound limitations of the case were reached. The driver was eventually found and prosecuted, with our client awarded six figures in damages.
Injuries sustained by the client
Police and paramedics attended the scene. Our client was taken by ambulance to hospital where he was diagnosed with two broken bones, a fractured pelvis, and a right heel laceration requiring several stitches. His injuries meant surgery was needed in order to put metal implants in place. Our client underwent an extensive healing process, including weeks of physiotherapy and hydrotherapy.
His mobility and quality of life were severely affected, as he had to keep his leg elevated for 6 weeks following surgery. This meant he was in a wheelchair, followed by the use of crutches. The circumstances of the accident led to him requiring cognitive behavioural therapy, with round-the-clock care provided by his wife and daughter, which significantly affected family life.
Prior to the accident, our client was a keen tennis player and had a leadership role in the manufacturing industry, where he was employed for 14 years.
The outcome of the case
Gildeas provided bespoke support to our client following the accident. When he returned to work on a part-time basis, Gildeas assisted with his limited mobility by pressing to have a taxi service, taking pressure from his wife. Gildeas also made arrangements for medical examinations and cognitive behavioural therapy whilst the case was ongoing. Nonetheless, our client’s health was severely affected, and he did not return to full-time work in his previous position.
The unique challenge in this case was in identifying the third-party driver. After a lengthy process and negotiations involving Police Scotland and the Procurator Fiscal, a court action was raised. The driver was eventually prosecuted on two charges of dangerous driving and causing life-changing injuries. They were sentenced to three years in prison and banned from driving.
Our client said of the case,
“I didn’t realise how bad the damage was at the time. The support from Emma and Fergus at Gildeas, the consultants, and the hospital were amazing. It was really tough in the first year, but it was the support and the infrastructure behind us that kept us going.
Everything from the day we started was so professional. They were very good at explaining how the whole process worked in the very beginning. They put everything together and kept us up to date all the way through. Gildeas worked really hard to get where we were.”
The final damages awarded gave fair compensation for our client’s injuries, treatment, loss of earnings, and resulting quality of life.
Fergus Thomson, Solicitor Advocate added,
“We were pleased to secure a just settlement for our client and help him through a very difficult time.”
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated New Claims team today on 0141 331 6070.
Road Safety Week 2024: Motorbike Safety Tips
At Gildeas Solicitors, we recognise the unique challenges faced by motorcycle riders, who are among the most vulnerable road users. For Road Safety Week 2024, we're highlighting how crucial it is for motorcyclists to prioritise safety on the roads. This blog provides essential motorbike safety tips to enhance your riding safety and awareness, helping to prevent accidents and protect lives.
The Importance of Motorcycle Safety
Motorcycle accidents can be frightening and, in severe cases, life changing. Despite advancements in vehicle safety and regulations, motorcyclists remain at a higher risk of injury or fatality on the roads. Recent statistics show that motorcyclists are involved in approximately 1 in 10 road traffic fatalities, highlighting the need for heightened awareness and careful riding practices.
Essential Safety Tips for Motorcyclists
To help ensure your safety, here are some vital motorcycle safety tips:
- Wear Protective Gear: Always wear a well-fitted helmet and protective clothing, including gloves and boots. High-visibility jackets can significantly increase your visibility to other road users.
- Check Your Bike: Before every ride, conduct a thorough safety check of your motorcycle. Ensure that brakes, lights, indicators, and tyres are in good condition.
- Stay Alert: Be aware of your surroundings. Anticipate potential hazards, including vehicles changing lanes, pedestrians, and road conditions. Avoid distractions, such as mobile phones or loud music.
- Ride Defensively: Always assume that other drivers may not see you. Maintain a safe distance from vehicles, especially in traffic, and be prepared to react to sudden stops or changes in direction.
- Adjust to Weather Conditions: Wet or icy roads can significantly affect your control of the motorcycle. Slow down and allow extra time for your journey during adverse weather.
- Avoid Riding in Blind Spots: Stay out of the blind spots of larger vehicles, especially lorries and buses. If you can’t see the driver in their mirrors, they likely can’t see you.
- Follow Traffic Rules: Adhere to all traffic regulations, including speed limits and lane usage. Use indicators to signal your intentions to other road users.
- Take a Riding Course: Consider enrolling in an advanced riding course to enhance your skills and knowledge. These courses can provide valuable techniques for safe riding and accident avoidance.
Recognising External Risks
Motorcyclists face specific external risks that can lead to accidents, including:
- Poor Road Conditions: Potholes, gravel, and debris can pose significant hazards for motorcyclists. Always scan the road ahead for potential dangers.
- Adverse Weather: Rain, snow, and fog can drastically reduce visibility and traction. Adjust your riding style to account for changing conditions.
- Inattentive Drivers: Many motorcycle accidents occur due to the negligence of other road users. Stay vigilant and prepared for unexpected actions from drivers.
What to Do in the Event of an Accident
If you find yourself involved in a motorcycle accident that was not your fault, it’s essential to seek legal advice. At Gildeas Solicitors, we are committed to helping you understand your rights and potential compensation claims. You may be entitled to compensation for:
- Medical expenses
- Loss of earnings
- Repair or replacement of your motorcycle
- Psychological trauma
Conclusion
This Road Safety Week, we encourage all motorcyclists to prioritise safety by following these tips and remaining vigilant on the roads. By taking proactive measures, we can all contribute to making our roads safer for everyone.
For more information on Road Safety Week 2024, please visit: Brake - Road Safety Week.
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated New Claims team today on 0141 331 6070.
Children and contributory negligence
Introduction
Although liability in children’s road traffic accident claims is often easy to establish, the issue of contributory negligence can still arise.
Contributory Negligence
Contributory negligence means that any damages awarded to the claimant are reduced by an amount the court considers "just and equitable," reflecting the pursuer’s share of the responsibility for the damage (s1(1) of the Law Reform (Contributory Negligence) Act 1945). The defender must prove that contributory negligence applies. Decisions are based on the specific facts and circumstances of each case.
Running into the Road
The law typically applies an objective standard of care, but age is a notable exception. Children are not expected to exercise the same level of care as adults, and their age is considered when assessing contributory negligence.
Jackson v Murray [2015] UKSC 5
In this case, a 13-year-old girl was struck by a car after emerging from behind her school bus and running into the road. The driver, traveling at about 50mph in poor light, did not slow down despite the presence of the school bus. Initially, the girl was found 90% liable for the accident due to her recklessness. On appeal, her contributory negligence was reduced to 70%, considering her age and the difficulty of assessing the car's speed in poor light. The Supreme Court further reduced it to 50%, acknowledging the complexities of crossing a major road at dusk for a child.
Child Seats
Section 15 of the Road Traffic Act 1988 mandates that drivers ensure children under 14 are properly restrained. Specific regulations require children under 12 or below 1.35 meters in height to use appropriate child seats. If a child's injuries could have been avoided with proper seating, the driver may be deemed partially responsible. However, Scottish courts have yet to provide clear guidance on this issue, so we look to English cases for insight.
J v Wilkins [2000] EWCA Civ 3024
A mother placed her two-year-old child on her lap with an adult seatbelt, which contributed to the severity of the child's injuries in a collision. Despite the mother's limited understanding of the risk, the court applied a 25% reduction in contributory negligence based on expert evidence.
Hughes v Williams [2012] EWHC 1078 (QB)
In this case, a child was injured while seated on a booster cushion not meeting safety criteria. Experts testified that proper use of a five-point harness seat would have minimised the injuries. The court determined a 25% contributory negligence, as proper restraint would have largely avoided the injuries.
Conclusion
To conclude, contributory negligence is a common argument used by defenders and neither children nor their parents are immune to such arguments being successfully made.
While children are not judged by the same standards as adults, the standard of care expected will be measured by what can reasonably be expected of a child of the same age, intelligence, and experience. As such, their age will be a highly relevant factor when deciding whether contributory negligence should be applied and at what percentage.
On the other hand, no leniency can be expected when a parent fails to safeguard their child. While the Scottish courts are yet to set clear guidance on contributory negligence in such cases, some guidance can be obtained from England where contributory negligence has been applied at 25% in cases where a child is not seated in the appropriate child seat. However, the assessment of contributory negligence is nevertheless highly fact-sensitive with each case being considered on its own.
Written by Stella Kankaanpaa
How to secure compensation against untraced or uninsured drivers
What is the Motor Insurer’s Bureau (MIB)?
The Motor Insurers Bureau (MIB) is an organisation that exists to compensate innocent victims of road traffic accidents who have been injured or had their property damaged by an uninsured or untraced driver. The MIB is a non-profit organisation that is funded by the insurance premiums of UK drivers and is intended to be a “fund of last resort”. Therefore, if any other policy of insurance covers the claim or any part of it, it must be directed to the relevant insurer.
In short, this means that if you have been injured in an accident caused by an uninsured driver or untraced (i.e. a “hit and run” type situation) you will still be able to claim compensation for your pain, suffering and other financial losses.
When dealing with the MIB, it is always better to consult with a personal injury solicitor in order to get the correct guidance and maximise the level of compensation awarded, particularly as the MIB have their own policies and procedures which must be adhered to in order for the claim to be successful.
What do the MIB do?
The MIB carry out a number of schemes:
- Claims against untraced drivers
- Claims against uninsured drivers
- Claims against a foreign registered vehicle
- Claims from an accident abroad
What can be claimed for through the MIB?
- Personal Injury
- Vehicle damage
- Property damage
- Wrongful death
- Uninsured loss (e.g loss of earnings/ policy excess)
Making a claim against an uninsured driver
It is illegal to drive a vehicle in the UK without being insured and could result in a £300 fixed penalty notice and 6 points on your license. In more serious cases, it could result in prosecution and/ or a complete driving ban. Despite this, many people knowingly drive without valid insurance and it can cause serious issues for people who are involved in an accident with them. The MIB reported in December 2023 that every 20 minutes someone in the UK is hit by an uninsured or hit-and-run driver and, tragically, each day at least once person suffers such severe injuries that they require lifelong care. According to the figures published by the MIB last year, uninsured driving increases the annual premium for each UK driver by approximately £53 per year.
Uninsured Drivers’ Agreement
Claims involving uninsured drivers are governed by the 2015 Uninsured Drivers’ Agreement which applies to any accidents occurring on or after 1 August 2015. In situations where no insurer can be traced, the MIB will effectively step in and take their place.
Making a claim against an untraced/ Hit-and-Run driver
In Scotland, if you are a victim of a hit and run accident, you may be eligible for compensation through the MIB. To make a claim, you must meet certain criteria, for instance, you must have reported the incident to the police within a specified time frame, usually 14 days, and provide the MIB with all of the necessary information and evidence to investigate the claim. It would also be useful to make your own investigations and ingather as much evidence as possible before submitting the claim, for instance, requesting CCTV and dash cam footage from the locus. This can make it easier for the Police to trace the third party driver/ vehicle.
What will the compensation cover?
The compensation can cover a range of damages, such as medical expenses, property damage, loss of earnings and pain and suffering. The amount of compensation which you will receive will depend on the circumstances of the accident and the extent of your injuries.
Untraced Drivers’ Agreement
Untraced claims are dealt with through the 2017 Untraced Drivers’ Agreement and applies to all accidents occurring after 1 March 2017.
Typical scenarios
- Driver may think that it was a minor accident and fail to stop at the scene.
- In some cases, people drive off unintentionally without realising they have been involved in an accident, e.g. larger vehicles such as HGVs.
- A pedestrian may be struck by a vehicle and the driver may leave the scene without checking if the person is ok.
- A vehicle may have been cloned.
- False or incorrect details may be exchanged at the scene.
Written by Kyanna White
Gildeas Solicitors have offices in Glasgow and Edinburgh and specialise in personal injury cases, including road traffic accidents.
We go the extra mile for our clients by providing services such as roadside assistance, vehicle repairs, and hire vehicles.
Customer satisfaction is our top priority. According to customer reviews , among civil law firms with over 200 reviews, we proudly hold the second highest rating in Glasgow. We currently have a stellar rating of 4.9 on Reviews Io and 4.7 on Google [January 2024].
If you require any assistance, please don’t hesitate to reach out to our dedicated New Claims team at 0141 331 6070.
Biker seriously injured in a road traffic accident because of negligent driver
Overview of the case
Our client was injured when a car driver who was not looking pulled out into her path while she was on her motorbike in North-East Scotland. Despite the fact the police suggested our client should have paid more attention to the car coming on the major city road and the police not saying the car driver was entirely to blame we argued the car driver was fully at fault. The insurers of the car also tried to suggest some of the blame for the accident should be shouldered by our client but again this was knocked back by Gildeas.
Injuries sustained by the client
Our client had been travelling below the applicable speed limit when the car pulled out into her path, she collided with the car and fell to the ground. Despite her wearing full protective kit she sustained life changing injuries.
Her head hit the ground and she sustained a traumatic brain injury, she also bit through her tongue and suffered injuries to her hands. Our was a trained chef who taught at a local college. How could she demonstrate how to use a knife to her students with hand and wrist injuries? How could she taste their food when she had bitten through her tongue and cause permanent damage to it?
The outcome of the case
Fortunately for our client, her insurers suggested Gildeas could assist her in putting her life back together after the road traffic accident. Gildeas investigated all of her injuries, both physical and mental.
After attending for various examinations Gildeas were in a position to provide tailored advice to her in terms of what her losses were and what we had to recover on her behalf to allow her to move on. A court action was raised and following lengthy discussions and negotiations with the other side an offer of more than £250,000 was secured. Given the initial offer made was £100.000 this is a significant increase on what was initially offered by the other side before a court action was raised and was almost double the offer made initially by the solicitors for her insurers.
Our client is very grateful to Gildeas for the advice you received and guidance. Whenever she was worried about something she knew she could call and receive an explanation as to why something was happening or not as the case may be.
Comment from the client:
Stephen Hay, thank you so much for representing me after life-changing injuries in a bike crash due to other’s negligence. Thorough professionalism, patience, toleration & understanding was received on every level, keeping me fully informed throughout. Everything explained accurately, briefly & clearly simplifying it for me to understand on many occasions. You knocked it out of the park! I wish yourself Stephen, Fergus Thomson (advocate) & everyone at team Gildeas all the very best, as first class solicitors to professionally deal with from start to finish.
Director Stephen Hay says:
“This case was complex, she was injured just before lockdown, her treatment options on the NHS were limited given the stresses experienced by the NHS from March 2020 onwards. There was also the issue of considering but for the accident what would our client have done? There was a significant mental injury element to the claim. She loved to be on her motorbike. She used it daily to get to and from work. Her confidence was severely knocked because she lost her independence, her ability to do things and with lockdown she felt unable to leave her home. We worked with her and with our partners to arrange for treatment, both physical and mental. When we were ready, we were able to discuss what the future would hold for our client, what she would need and what she would be able to do before approaching the other side to discuss what they would need to pay. At all times our client was engaged and part of the process and I am delighted that she is now able to put this accident behind her and move on with her life.”
Gildeas Solicitors have offices in Glasgow and Edinburgh and specialise in personal injury cases, including road traffic accidents.
We go the extra mile for our clients by providing services such as roadside assistance, vehicle repairs, and hire vehicles.
Customer satisfaction is our top priority. According to customer reviews , among civil law firms with over 200 reviews, we proudly hold the second highest rating in Glasgow. We currently have a stellar rating of 4.9 on Reviews Io and 4.7 on Google [January 2024].
If you require any assistance, please don’t hesitate to reach out to our dedicated New Claims team at 0141 331 6070.