June 26, 2024

Compensation, rehabilitation, prosthetics, and mobility adaptations secured for motorcycle claimant.

On the 17th April 2021 the Claimant was riding his Triumph motorbike towards Swindon. His friend rode a motorbike ahead and both the Claimant and his friend were in touch via hands free Bluetooth communication devices.

As the Claimant rode his motorbike over the blind crest of a hill a motorbike travelling in the opposite direction came towards the Claimant completely on the Claimant’s side of the road. This motorbike was overtaking a car on the blind summit. The Claimant immediately rolled off the throttle and looked for a way to avoid the oncoming motorbike but the Claimant only had one or two seconds to attempt to avoid a collision.

Unfortunately there was no way to avoid a collision. The motorbike travelling in the opposite direction was travelling in the region of 75mph. The Claimant was travelling at about 60mph before rolling off the throttle. The approaching motorbike hit the Claimant’s leg and bike and continued to travel in the opposite direction. The Claimant contacted his friend on his Bluetooth device as he was aware that he had a serious problem with his leg with his toes sticking out of his boot and he could see motorcycle coolant on his leg. The Claimant’s friend returned and called the Emergency Services. An Air Ambulance arrived within about 15 minutes. It took the Claimant to Southmead Hospital.

The Claimant sustained significant life changing injuries and required extensive surgery. The Claimant sustained a right open distal tibia/fibula fracture which required the insertion of metalwork, a complex foot fracture, an oblique fracture of the anterolateral calcanium, a comminuted fracture of the medial border of the cuboid, intraarticular fractures of his 1st, 2nd and 3rd metatarsals and fractures of the proximal phalanges of the 2nd, 3rd and 4th toes. The Claimant required a skin graft which was taken from his left thigh. It was necessary for 4 toes to be amputated from the Claimant’s right foot only leaving his right little toe remaining.

Louise Hart was instructed in May 2021 and immediately contacted the Defendant’s insurers requesting funding for an Immediate Needs Assessment under the Rehabilitation Code. The Defendant agreed to release an interim payment and fund an Immediate Needs Assessment despite the fact that enquiries into liability were ongoing. A Case Manager was appointed who arranged for extensive treatment for the Claimant including occupational therapy, neurophysiotherapy, personal trainer, funds for a driving assessment, an Orthotics assessment, gardening and cleaning. Louise Hart worked collaboratively with the Defendant’s insurers and the Case Manager to provide the Claimant with extensive rehabilitation.

Liability was admitted on the 13th February 2023. The Defendant’s insurers agreed to make an interim payment to pay for decorating to the Claimant’s house.

The Claimant continued to undergo rehabilitation and was initially provided with a momentum brace which was replaced with a neuroswing carbon fibre brace to enable the Claimant to walk further. The Claimant was also provided with bespoke walking and day shoes. The Claimant also obtained and was fitted with custom made foot orthosis.

The Claimant also attended a Torke bike fitting and was fitted with customized cycling shoes. The Claimant also purchased bespoke motorbike boots to accommodate his foot.

The Claimant attended London Orthotics who provided the Claimant with a neuroswing brace and the Claimant also attended the London Prosthetic Centre who provided the Claimant with two prostheses including a partial foot prosthesis with a band around the front part of the foot to restore cosmetic appearance which could be used with sandals and a full foot prostheses which went up above the ankle joint.

Three medicolegal reports were obtained from a Consultant Orthopaedic Surgeon and two reports were obtained from a Consultant Plastic Surgeon. Reports were also obtained from a Consultant Orthotist and a Care expert. The Defendant instructed an Orthopaedic expert and an Orthotist.

A Joint Settlement Meeting took place on the 28th March 2024 when the case settled.

The Claimant described Louise Hart as “Very efficient and helpful throughout the process. I believe Louise’s diligence and experience resulted in the best possible outcome. More than the legal service I am grateful for the comprehensive rehabilitation services that Louise arranged for me, these made a real difference to my recovery”.

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