Bereaved family of motorcyclist secure settlement of claim

Our client’s husband was riding his motorcycle along a main road when a van driver emerged from a side road. The driver turned right against a no right turn sign and crossed our client’s path, causing a collision.

Our client’s husband suffered catastrophic injuries. He was transferred to a Major Trauma Centre, but his injuries were not survivable.

The van driver had misread his satellite navigation system. He later pleaded guilty to causing death by dangerous driving and was sentenced at Crown Court to 22 months in prison.

Matthew Claxson was instructed to pursue a claim against the van driver’s motor insurer.

The claim was brought on behalf of our client’s husband’s estate under the Law Reform (Miscellaneous Provisions) Act 1934, as well as for his dependants under the Fatal Accidents Act 1976.

This allowed our experts to pursue the different elements of the claim arising from our client’s husband’s death.

The van driver’s insurer initially delayed admitting responsibility. As part of the work to establish what had happened, Matthew attended the criminal plea hearing and took a note of the evidence presented.

The insurer eventually admitted fault, but then alleged that the motorcyclist should share some responsibility because he had been overtaking at a junction.

Our experts successfully resisted this allegation. The evidence established that the van had turned right contrary to the road signage and into the path of the motorcyclist, who was travelling along the main road and intended to continue straight ahead.

The claim was ultimately settled through negotiation with the insurer for a six-figure sum.

The legal process also helped establish what had happened in the collision and supported our client through the criminal proceedings, inquest and civil claim. The settlement provided funding intended to give our client a degree of financial security following the loss of her husband.

Matthew Claxson reflecting on the case said:

“This was an entirely avoidable road traffic collision where the van driver was fully distracted by his satnav instead of watching the road signs and road ahead. As a result of this distraction it has deprived my client of her husband and best friend. Through the insurance claim we have been able to piece together for our client what happened in this road traffic collision to cause the loss of her husband, support her through the legal process from criminal court to the inquest and eventually the civil claim where we secured from the insurer funding for our client to have a degree of financial security”