Marcia is an experienced motorcyclist and has been riding bikes since 2008. She has ridden all over Europe and counts motorcycling as one of her passions.In fact, the day before her incident, she had just completed a ride all the way from Lisbon to Glasgow.
Around 10am on 19th May 2014 whilst travelling to work and proceeding along Millerston Street in Glasgow approaching Duke Street, Marcia was involved in a motorcycle collision.
There were two lanes of traffic and Marcia was in the outside lane beginning to slow as the traffic lights ahead were at red and there were cars waiting. Suddenly, a vehicle exited from the garage/car wash on her left and turned right. Unfortunately, the driver failed to keep a proper lookout for oncoming traffic and struck Marcia. Her left leg took the full force of the impact and the collision threw her over the bonnet and onto the road.
Marcia was in incredible pain and knew straightaway her left leg was broken. She was taken by ambulance to Glasgow Royal Infirmary where she was diagnosed with a left tibia fracture. Over the first nine days in hospital, she underwent four major surgeries to save her left leg.
Marcia’s injury completely changed her life. She had to learn to walk again. Before the accident, Marcia trained in the gym three times per week. She was a keen runner and tennis player. To help her recovery, she attended prolonged physiotherapy appointments and slowly re-engaged to help her recover as much as possible. Marcia also required time off work to recover from her injuries.
Being Portuguese, Marcia did not fully understand the workings of the Scottish Civil legal system.
She received no assistance from Police Scotland and the 3rd party insurer continued to be difficult and refused to admit liability. It had been 5 months since the incident so Marcia knew then that she needed legal assistance. She did a Google search and discovered Motorcycle Law Scotland were the specialists in this area. Around the same time, her boyfriend’s mother saw Brenda Mitchell, Motorcycle Law Scotland’s Senior Partner appear on the evening news. A specialist Lawyer and also a motorcyclist – the perfect match.
Marcia contacted Motorcycle Law Scotland to help her pursue a claim against the third party insurers of the driver who pulled out in front of her. Her claim was for her pain and suffering, her now permanent disability, the costs associated with her rehabilitation, the damage to her motorbike and protective equipment, and finally her loss of wages.
Brenda Mitchell took on Marcia’s case and helped her through the claims process. The third party insurers refused to admit liability and were difficult to negotiate with. However, Motorcycle Law Scotland was able to secure two separate interim payments to help Marcia manage the costs for her rehabilitation.
After several months of negotiation with the insurer, it became clear the only way to resolve the case and get Marcia the justice she deserved was to litigate. Proceedings were raised in the Court of Session by Motorcycle Law Scotland on Marcia’s behalf and the third party insurers nominated solicitors to defend the case for them.
Before the trial, an offer was put forward but rejected by Brenda as she knew that Marcia deserved much more. Through no fault of her own, her life had been changed forever. Brenda fought hard for Marcia and was able to negotiate an offer 4 times greater than the original one.
The case was concluded and Marcia will return to motorcycling. Both she and Brenda ride the same brand of motorcycle, a Honda CBF600 and a CBR600 F respectively.
Marcia was overjoyed with the result and commented:
"Vulnerable and lost in essentially a foreign country following a traumatic car versus motorcycle accident, and in need of help to understand what to do next and where to turn, Brenda Mitchell and her team helped me on that successful journey to justice and wellness. Having read of Motorcycle Law Scotland and subsequently meeting with Brenda, I was sure that I was making the right decision in appointing her as my right solicitor.
As both a motorcyclist and a highly experienced lawyer, Brenda understood my needs and fought for the best results. She supported me through all the steps and always explained and kept me updated on what was happening and what was likely to happen next. Almost two years after Brenda started legally representing me the case was settled, one month before it was due to be heard in court. I wholeheartedly recommend Brenda Mitchell and her team at MCL to anyone involved in a motorcycle accident.”