WHY DOES THIS KEEP HAPPENING?
On 24th of August 2020, Brendan was riding his motorcycle, a Suzuki Bandit 1200cc, on the B7078. It was a beautiful day and he was riding at approximately 50 to 55 mph. Near to the town of Kirkmuirhill the M74 exit slip road joins the B7078 and drivers on the M74 slip must give way. Despite riding with his headlight on and in broad daylight, a driver failed to see Brendan and pulled out into his path.Despite his best efforts to take evasive action, a collision occurred and Brendan had to be taken to hospital. He sustained very serious injuries to his left wrist that required surgery leaving Brendan with months of pain and suffering.
We intimated Brendan’s claim for damages to the driver’s insurance company who admitted liability and offered an interim payment to cover Brendan’s motorcycle helmet and protective clothing as well as his motorcycle which had been written off.
Following an extended period for recovery, we arranged for Brendan to be examined by an Orthopaedic Surgeon with a speciality in upper limb injuries.The findings confirmed that he had sustained a closed fracture to his wrist which had been treated with surgical fixation. However, as the fracture was across the joint surface, there would be a risk of development of post-traumatic arthritis.
We valued Brendan’s case by considering carefully the medical evidence including the suffering and future consequences. We set out proposals for settlement to the insurers and in response received a good offer broadly in line with what we had asked for. We valued Brendan’s wrist fracture at the higher end of awards between £25,000-£27,500 and persuaded the insurers this was justified due to the extent of the fracture and future development of arthritis. We were pleased to receive a good offer in response in line with our valuation and Brendan’s case was successfully concluded within 10 months of the original incident.
Brendan had this to say which, in many way, says it all and says enough.
“I don’t know how to thank you , but THANK YOU!”
Brendan’s case is one of the most common types of collisions we come across at Motorcycle Law Scotland. It astonishes us that drivers continue to fail to see motorcyclists. There is just no excuse. Brendan was riding with his headlight on in broad daylight on a beautiful day with excellent sightlines. He was there to be seen.
Police Scotland charged the driver at the scene and the driver was issued with a conditional offer of a fixed penalty. Brendan suffered months of pain and whilst the compensation is welcome, this should never have happened. In any collision with a larger vehicle, a motorcyclist will always come off worse and the message, “Think once, Think twice, Think bike! should be reintroduced as a reminder to all drivers to watch out for us.