James and Mhairi thrown from motorcycle
On the 27th of September, James was riding his Triumph Sprint ST1050cc motorcycle on the A957 'Slug Road' with his partner, Mhairi riding pillion. The couple were on their way to Crathes having been out for a leisurely run. It was a Sunday and the weather conditions were good with excellent visibility.
James, an experienced rider, was on approach to the staggered junction between the A957 and B9077. He adjusted his speed on approach and saw a driver waiting at the junction. James was able to make eye contact with the driver, so he was comfortable he had been seen. Unfortunately, at the last minute, the driver pulled out in front of the motorcycle. James pulled his bike to the left as hard as he could to avoid the car which suddenly stopped. However, he clipped the rear off-side quarter panel of the car and both he and his partner were thrown from the motorcycle.
Both suffered significant injuries
Thankfully, there was an off-duty doctor and an off-duty firefighter quickly on the scene. An emergency ambulance took the couple to Aberdeen Royal Infirmary. James was admitted through to the High Dependency Unit having suffered fracture injuries to his right ankle, right clavicle and multiple right side rib fractures.
Mhairi suffered a fracture to her right clavicle that had to be pinned and plated. She fractured her pelvis and right thumb. She suffered significant injury to her right elbow which required a skin-graft. She also suffered tendon damage to her right knee. After initial treatment at Aberdeen Royal Infirmary, Mhairi was transferred to Ninewells Hospital in Dundee nearer her home.
MLS get a Case Manager to assist recovery
On discharge from hospital the couple struggled with their injuries and their incapacity.
We immediately asked the third-party insurer to agree to appoint a Case Manager to assess what further help could be provided for the couple as they coped with extensive injury and recovery during the pandemic when NHS facilities were stretched to the limit.
James was recommended private physio as a top up to his NHS physio together with equipment and the assistance of a dog walker. Mhairi was provided with private physiotherapy as top up the NHS service and the driver’s insurers also agreed to pay for an initial cleaning and ironing service.
There was no argument in relation to liability as the driver’s insurers accepted responsibility early on. James and Mhairi had been caught up in an all-too-common collision caused by a driver failing to look properly at a junction. The problem the couple encountered however was coping with injuries when they couldn’t rely upon one another for help and assistance.
That’s where Motorcycle Law Scotland came in. Utilising our experience over ten years helping injured motorcyclists, we recognised the importance of rehabilitation and the provision of a package of measures to assist recovery.
Interim payments were paid swiftly and slowly but surely the couple recovered from their injuries.
A very happy ending
Both received awards of damages for their pain and suffering, out of pocket expenses and replacement helmet and protective motorcycle clothing. Although it was a long and sometimes painful road to recovery, thankfully James and Mhairi are through the worst.
There is a very happy ending to this tale as shortly after settlement of James’s case, he proposed to Mhairi. Mhairi went on to pass her CBT on the 19th of July and the pair were married in Gretna Green on the 20th of July and thereafter spent their honeymoon on the Isle of Man.
Both cases were concluded within nine months, and we are thrilled that James and Mhairi finally tied the knot and that Mhairi may well be joining her husband on motorcycle trips in the future on her own motorcycle. We wish the couple the very best and were happy to have been of support to them in the difficult weeks that followed a collision caused by a negligent driver.
Our Award Winning Team
Brenda Mitchell
Senior Partner
Brenda has been a Personal Injury Lawyer for over 38 years and for the last 20 years has specialised representing injured motorcyclists, cyclists and pedestrians.
Jodi Gordon
Partner
Jodi is a Partner at RTA Law LLP with 14+ years’ experience in catastrophic injury claims for vulnerable road users including cyclists and motorcyclists.
Thomas Mitchell
Partner
Thomas represents clients who have been involved in road traffic incidents and he specialises in representing vulnerable road users such as pedestrians, cyclists and motorcyclists.
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