Weymouth motorcyclist receives £80K settlement for RTA

A Serious Injury Case Study

The Incident

On the 29th June 2017, around 11.35pm, a 32-year-old man was riding his motorcycle along Portland Beach Road, Weymouth.

The motorcyclist, Ian, was travelling in a queue of vehicles and decided to manoeuvre out of the line of traffic to overtake them. Another vehicle, that was also travelling in the queue, decided to overtake the slower moving vehicles ahead.

The vehicle suddenly pulled out to the right and into Ian’s path colliding with the motorcycle.

Ian was flung from his vehicle, in a serious road traffic accident.

Within two hours, the 32-year-old motorcycle accident victim was attended to by the ambulance service and received extensive treatment at the scene of the collision. He was then taken to the Dorset County Hospital for investigation and treatment of his injuries.

The Case

Fletchers Serious Injury’s Neil Downey took representation of Ian’s case.

While the case began, Ian then received treatment for the following injuries:

• A closed fracture of the right clavicle
• Soft tissue injury to the right knee
• Gravel rash abrasions of the back and elbow
• Psychological symptoms including adjustment disorder with mixed anxiety and depressed mood

The insurer of the vehicle first contested liability, alleging that Ian overtook his vehicle at an excessive speed.

Because of this, Neil obtained the police report and witnesses were contacted to support Ian’s side of events.

As a result of Neil’s actions, the insurer accepted sole responsibility for the collision.

The Aftermath

By August 2017, two months on from the incident, the right clavicle fracture had failed to heal, and Ian underwent ORIF of the clavicle.

Unfortunately, this failed to achieve union and in Feb 2018, Ian underwent further surgery by way revision plating.

The extensive surgery resulted in Ian being unable to return to employment until March 2019 following the collision.

Prior to the accident, Ian was employed in the building industry and had only started his role just a few months before.

Since then, there is no expectation that the acromioclavicular joint will settle without surgery. However, Ian is noted to have a greater chance of failure of the surgery due to his poor response to initial procedures.

Furthermore, the joint remains symptomatic and will not accommodate Iain’s role operating in the building industry.

Ian has since began a new role in the marine maintenance industry.

Although he is unable to return to his previous role, due to the level of physical demand, both Ian and Neil are delighted to see this positive step forward.

Even though the road ahead is brighter, Ian still requires further surgery and rehabilitation, due to the continuing symptoms he suffers, due to ongoing pain and weakness, with reduced functional capability of the right arm, which are expected to remain as continuing symptoms.

The Outcome

In April 2020, Ian received an £80,000 settlement. In addition, the cost of his treatments was recovered by way of the settlement. Ian is now able to move forward with his life.

Neil Downey is a Solicitor within Fletchers Serious Injury’s Personal Injury department, specialists in serious personal injuries for over 30 years.