Audi pulls out into motorcyclist's path

On 6th October 2018, Arthur was riding his Yamaha XVS 1300cc West on Tollcross Road in Glasgow, when an Audi A3 suddenly pulled out across his path from Helenvale Street.

Arthur, who is an experienced rider with over 40 years of riding under his belt, was unable to take evasive action as the car collided with his left leg causing him to be jettisoned from his motorcycle. He skidded across the road before coming to a halt against a stationary bus.

A number of witnesses observed the collision and offered support to Arthur following the collision. The police and paramedics arrived at the scene as it soon became clear that Arthur had suffered a severe left leg injury. He was taken to Glasgow Royal Infirmary where he remained an inpatient for 12 days.

Extent and impact of injuries

Arthur suffered an open fracture of his left distal fibula and tibia. Treating consultants informed him that it was touch and go as to whether his leg would need to be amputated. He underwent metalwork fixation surgery to hold the fractures in place as well as a wound debridement and skin graft taken from his right thigh.

Following two surgeries, he was discharged from his inpatient stay with a moonboot. Arthur faced a long and arduous road to recovery from an injury which had nearly resulted in him losing his left leg from the knee down.

Arthur was employed as a Coxswain for a towing company operating tugboats at a marine terminal in the Firth of Forth. Having spent his entire working life in the maritime industry, he was well respected for his experience and love of the job. Unfortunately, due to the extent of his injuries, Arthur’s future employment was in jeopardy.

Securing a tailor-made rehabilitation package

As is so important with any injury, early rehabilitation is key and this was particularly important for Arthur. We met him at home and recognised that both he and his partner, Joanna, would need support. Arthur is a remarkably determined and stoic individual and we knew he would respond well to rehabilitation. We approached the third -party insurer and asked for funding for an immediate needs assessment by a case manager employed by an independent rehabilitation company.

In Arthur’s case, the cooperation and ethos of the insurers to assist with his recovery was critical. Every step of the way, they provided funding to support the rehabilitation plan which ensured that the tailor-made care package proposed by the case manager could be fully implemented.

Liability was admitted at an early stage and that enabled all parties to focus solely on ensuring Arthur’s care and needs were fully met. Funding was provided early on by way of interim payments to enable Arthur to convert his bathroom to a suitably adapted wet room. From his newly adapted wet room, he was able to independently shower. Walking aids were also installed to the property which made Arthur’s daily routine easier, less stressful and painful.

As part of Arthur’s tailor-made care package, he was identified as a possible candidate who would benefit from the use of orthotic support. We were able to secure orthotic inserts which provided greater comfort when he moved around. It is so important to help those with complex injuries to regain confidence and independence.

Due to the nature of Arthur’s complex injuries, both physical and psychological, we arranged for him to see a wide variety of Consultants ranging from Orthopaedic Surgeons to Physiotherapists and from Psychiatrists to Plastic Surgeons.

We secured funding for psychological therapy to aid Arthur’s recovery. A specialist trauma therapist was appointed and Arthur underwent extensive sessions of Trauma and Compassion focused therapy. He was praised by his specialist for his positive attitude and vision for learning new skills, and for his determination to create supportive networks around him.

Sadly, as a result of injuries sustained at the time of the accident, Arthur was retired from his employment on grounds of ill-health in April 2019. We instructed employment and pension experts for reports to enable us to accurately calculate his future loss of income and pension.

As we progressed, we knew co-operation would be the key to success. After completing a full rehabilitation programme, we were able to value Arthur’s claim and thereafter entered into settlement negotiations with Esure Insurance. Of course, there was a difference in relation to the valuation of the claim, but we were able to overcome that through effective negotiation. Eventually, a six-figure settlement was agreed and accepted by Arthur which avoided a long drawn out Court Action. Settlement without resort to litigation gave Arthur the much-needed closure he desired and it gave him the financial security to both plan and enjoy his future with his wife Joanna. (They were married a year after the accident.)

Why are Motorcycle Law Scotland different to other solicitors?

Arthur’s case is a prime example of how we at Motorcycle Law Scotland use our experience to ensure those with complex injuries are given a fully funded rehabilitation package at an early stage. We know that early intervention improves outcomes. It is important to engage with insurers to obtain funding. It’s not always about litigation and fighting it out in Court. If you have a forward-thinking insurer, more can be gained for a client through co-operation. Esure Insurance were co-operative and quick to react to Arthur’s needs.

We are keen to work with insurers who will support our clients through their long, slow and often painful recovery. We know that there is no amount of money that can truly compensate an individual for lost independence whether through the ability to work or to care for themselves unaided. It is so important for both sides in a dispute to co-operate to ensure the claimant is given access to funded healthcare to support recovery. Regaining confidence and independence is often more important to a claimant than the financial settlement.

Of course, we were delighted with the level of financial settlement achieved for Arthur but not once during the entire process was he left alone and bewildered. He was supported every step of the way. We got to know Arthur and knew what was important to him. He is a proud,, hard-working man who also worked tirelessly on his rehabilitation. We stood alongside a forward-thinking insurer who funded his recovery to achieve the best outcome and together we reached successful conclusion through mutual respect and understanding.

Rehabilitation is at the forefront of what we do and that will always be the case. We will continue to do all we can to help improve the quality of life for our client’s post-accident. If that means fully co-operating with a third-party insurer, then that’s exactly what we will do. We are proud of our engagement with insurers who also agree that rehabilitation is key to success. We get to know our clients and we work together throughout. It is so important to build a solid relationship with your lawyer. It is never a process and that’s why we urge all motorcyclists to appoint their own lawyer. Never allow anyone else to do that for you. Never accept an appointed panel solicitor because you deserve better.

Here is what Arthur had to say...

"I would just like to thank Brenda and everyone at Motorcycle Law Scotland for all their help and support these last two years. You have helped me in many different ways from getting me counselling, shoes made, new bathroom, all the specialists I've seen and helped me through a massive change of life. Many thanks Arthur and Joanna x"