Road Traffic Accident

Motorcyclist receives £200k following serious RTA in Reading

December 3, 2021
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The Incident

On the 6th August 2015, our 37-year-old client was riding his motorcycle along Bath Road, Reading, near to the Bird in the Hand Hotel.

The Defendant, who was driving another vehicle, pulled out from a nearside car park into our client’s path which resulted in a collision.

Our client was treated by the Emergency Services at the scene of the collision, before being taken to the John Radcliffe Hospital, Oxford for further treatment.

It was declared our client would require surgery for the following serious injuries:

  • Open fracture dislocation of the right proximal humerus
  • Treatment by way of open reduction internal fixation and subsequently an additional bone grafting procedure due to non-union of the right proximal humerus
  • Multiple cuts, bruising and abrasions

The case

Following the collision in September 2015, our client sought legal representation with Fletchers Serious Injury, with Solicitor Neil Downey taking representation of the case.

Our client was suffering from an adjustment disorder, with plenty of evidence to show mixed anxiety and a depressed mood. In addition to this, and as time went on, it became evident that the 37-year-old was struggling with his psychological state following the accident.

Consequently, our client was recommended to undergo a course of CBT therapy.

Following this treatment, it was noted that our client was still suffering from the physical effects of his injuries, which affected him on a day to day basis.

These understandably continued to have an effect on our client’s mood and feelings of anxiety.

The aftermath

Due to the severity of the Claimant’s injuries to the right humerus, he required multiple surgical treatments.
The goal was to increase the overall range of movement and improve our client’s strength, particularly to the right upper limb. This had been severely restricted as a result of the collision.

It was later reported by Mr Cosker, Consultant Orthopaedic Surgeon, that our client was to be classified as disabled under the Equality Act 2010.

This decision was a result of the severity of our client’s serious injuries and the new functional limitations which stemmed from them.

In addition to this decision, following the most recent surgery to the right humerus in August 2017, our client’s recovery was expected to plateau at 65% to 70% of normal function by February 2019.

By February 2020, Mr Cosker confirmed that our client was no longer at risk of degenerative changes to the right upper limb, but he remains with a disabled classification under the Equality Act 2010.

In terms of our client’s progress, following the road traffic accident, our client remained unemployed between through to April 2016.

Our client returned to bar work at The Maiden’s Head, a role which he held until September 2016.

Whilst the Claimant attempted a return to employment, he was unable to maintain this due to the physical demands of the role, and the impact of the continuing injury of the right arm at that time.

Following a lengthy absence from employment, the Claimant was able to return to work in a sedentary role, suited to the physical limitations and restrictions of his right upper limb.

The outcome

Following Neil’s representation of our client, a final settlement of £200,000 was accepted.
Although our client now lives with some limiting capabilities of his upper limbs, overall he is looking forward to a fresh start.

In conclusion to the settlement, our client stated:

“10 out of 10 service. Big thank you to Neil Downey who made the process really easy and understandable for me. Will recommend to others.”

Neil Downey is an experienced solicitor operating within Fletchers Serious Injury’s Personal Injury department, specialists in serious personal injuries for over 30 years.

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