Taxi cuts corner and ploughs into motorcyclist at junction
On the 25th of April 2021, Gordy was riding his KTM Duke 390 motorcycle in a northerly direction on Glenhuntly Road, Port Glasgow. His wife and brother-in-law were travelling in the car behind him.
As Gordy approached the junction with Highholm Avenue, a taxi cut the corner and drove straight into him. Gordy was thrown through the air before crashing back to earth.
Emergency Services attended at the scene and Gordy was taken to the Inverclyde Royal Hospital by ambulance. Upon arrival, he was diagnosed with a significant spinal cord injury and a fracture to his left wrist. He remained there overnight before being transferred to the National Spinal Unit. It was here that Gordy came to realise the catastrophic nature of his injuries.
Unable to move, he feared the worst. Would he ever walk again, would he ever work again and would he ever be able to return to his beloved motorcycling? The long road ahead of him was laid bare, but how would he manage and how would he support his wife when he needed so much support himself?
Motorcycle Law Scotland instructs a case manager to assess Gordy’s requirements
We immediately contacted the third-party insurer and liability was swiftly admitted, but our work had only just begun; first thing was to instruct a good case manager. A case manager is a medical professional who takes an impartial view and assesses the needs of an injured party. It’s our preferred way of working.
Catherine Scott of Independence works met with Gordy and then went into action by arranging physiotherapy, psychological support, a swimming membership, a taxi account and equipment to aid with his recovery. It was apparent from the get-go that Gordy was highly motivated and driven to do everything in his power to get back as much of the life he had before the incident as he possibly could.
It wasn’t easy; there were setbacks and, at times, his recovery seemed to slow to a snail’s pace but, little by little, the movement in his arms and legs returned. We secured interim payments so that Gordy didn’t have any financial stress and could put all his energy into just placing one foot in front of the other.
Gordy has a loving and supportive wife and she was so traumatised when she saw the accident that she too needed support. However, she was always there for Gordy and with the case manager pushing on to get all the best rehab for Gordy, the future began to look brighter. The dark days were coming to an end.
Collaborative approach with third-party insurers
Remarkably, Gordy managed to return to work just 9 months after the accident and, working with his employer, his return was carefully managed so as not to exhaust him which could so easily have set him back.
Satisfied Gordy was on the mend, we entered the next phase. Once we had gathered all the medical evidence, we entered into negotiations with the insurers. We had an open and frank discussion with the insurers and agreed a substantial settlement all within 15 months of the accident date.
At MLS, we prefer a collaborative approach with third-party insurers. This is because we always put our clients at the very centre of the process. We are strong believers that the claims process works best when insurers are willing to work to help an injured client to recover, rather than just protecting their bank books.
Gordy’s case shows that litigation is not the only way to settle a complex injury case and co-operation with an insurer can often be a more sensible way to proceed. Start by fixing your broken client and work with professionals to get your client back on the road to recovery. We understand that early intervention rehabilitation improves outcomes. No matter how serious your injuries are, with professional medical assistance, we can get you on the path to recovery and help you to achieve your goals.
Textbook rehabilitation
Following settlement, the parting observation from the third-party insurer was “this was textbook rehabilitation.” It was indeed and it worked because we respected each other and put Gordy at the centre of the process from initial assessment of need to final negotiation of a substantial compensation award.
However, the most remarkable achievement in this case was not ours, instead it belongs to Gordy. A man of stellar determination who, despite the odds, returned to work. We were absolutely thrilled when he used some of his settlement funds to get back to motorcycling. It’s his passion, it’s his life and, importantly, we helped him make his dream come true. It’s so important for lawyers to stop, think and put in place a recovery programme working with medical professionals and the opposite side. For us, it’s all about the client recovery first and then the negotiated settlement.
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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