This will get quite long, I'm sorry..
In August 2017 I was involved in a collision with a van driver approaching a red light on the A10 in Hertfordshire. The collision occurred in Royston in a residential area along a main road, approaching a pedestrian crossing. It was a clear hot summer's day at around 2pm in which conditions were ideal (this is all relevant info).
Myself and my pillion were riding a green Kawasaki ZX6R which operates a daytime running light at approximately 20mph, preparing to stop at the red light. I was filtering to the right of a column of slow moving vehicles through a hatched section of road, ensuring I was not riding within people's blind spots. As I approached a Renault Kangoo van and came alongside him, he suddenly turned into me as if to turn into a residential area. He was not indicating as I approached him but may have flicked it on as he turned (according to 2 witnesses who stated he indicated). Without having time to brake, I attempted to swerve around in front of him, expecting him to stop at the last second (I'd stopped accelerating and swerving was a last ditch effort in the time I had to react). I'd estimate my window between reaction and collision to be about 2 seconds. The driver hit me in the region of my left foot, shearing off my gear linkage and forcing me into the curb on the opposite side of the carriageway.
I landed on my head about 10m from the collision location and my pillion was also thrown vertically, landing in the roadway. I could feel pain in my neck straight away and didn't move. Witnesses to the collision came over and told me the driver had stopped. Within 10 minutes I'd been told he'd left the scene without leaving any form of identification.
Myself and my pillion remained where we'd landed for about an hour whilst paramedics worked on us before placing us on spinal boards and taking us to resus. As I was put in the ambulance I was told by the police that the driver had returned to the scene (over an hour after the collision), had been breathalysed and arrested for being twice over the legal drink drive limit - This led to a conviction and a driving ban.
To cut a long story my pillion got away with some bad bruises. I on the other hand had suffered 2 crushed finger joints in my right hand, sustained a whiplash injury to my neck and my foot had also been crushed between his van and my bike in the impact. I was off work for 3 months, was unable to walk and sleep properly and became reliant on family members transporting me to and from hospital and various other things. Things like sneezing and yawning were agonising and getting into and out of bed required strong painkillers. The pain in my foot was so unbearable I had to return to hospital to get it X-Rayed again.
This week I've had a second operation to my right ring finger which was cracked through the joint in 2 places. The first was an artificial joint that had to be drilled through the bone to hold the fragments in place, the most recent was to remove nerve fibres in an attempt to dull the pain I continue to have. I've undergone intense physiotherapy for all of my injuries, as well as acupuncture.
I've currently spent a total of 3 days in hospital due to this collision and am still having various tests and procedures. Including the loss of earnings for the time spent off work, it's so far cost me about 5 grand.
My case is currently being dealt with by Thorneycroft solicitors, who seemed great at first, arranging for me to see independent medical experts etc. but as time has gone on I've lost faith in them. I get the impression they want to settle as soon as possible without the hassle of going to court.
The third party's insurer has offered a 75/25 settlement in my favour in light of a case law dating back to the 90's (Joliffe vs Hay) and the fact their driver was drunk (a fact they were unaware of until my solicitors informed them). My solicitor recommended I accept this despite not yet receiving the police report which stated I was within the speed limit and that his movements were sudden (described by 2 witnesses). This prompted me to conduct my own research in which I found the Joliffe vs Hay case law is Scottish, so is inadmissible in an English court. It also involves 2 cars, neither of which's driver was drunk. Not only this but there is a more recent and relevant case law involving a motorcyclist (Beasley vs Alexander) in which the driver was found 100% at fault.
My point is this -
I have been left with lifelong injuries due to the negligence of another road user in which the consequences of his actions have merely been inconvenient for him, whereas for me and my pillion, life threatening.
He supposedly told the arresting officers that I had come out of nowhere, despite me advancing down a column of vehicles on a bright green bike, in perfect conditions, with a dipped beam, doing well within the speed limit and riding within his line of sight for several hundred metres.
Drivers have a statutory duty of care when using the roads, I asked my solicitor what duty of care a drunk driver is capable of performing?
This man has conducted a manoeuvre without conducting even the most basic of checks and knew so prior to fleeing the scene before later returning, still twice over the limit.
If this case were to go to court, which seems likely, would I be unlikely to receive a 100% ruling in my favour?
In August 2017 I was involved in a collision with a van driver approaching a red light on the A10 in Hertfordshire. The collision occurred in Royston in a residential area along a main road, approaching a pedestrian crossing. It was a clear hot summer's day at around 2pm in which conditions were ideal (this is all relevant info).
Myself and my pillion were riding a green Kawasaki ZX6R which operates a daytime running light at approximately 20mph, preparing to stop at the red light. I was filtering to the right of a column of slow moving vehicles through a hatched section of road, ensuring I was not riding within people's blind spots. As I approached a Renault Kangoo van and came alongside him, he suddenly turned into me as if to turn into a residential area. He was not indicating as I approached him but may have flicked it on as he turned (according to 2 witnesses who stated he indicated). Without having time to brake, I attempted to swerve around in front of him, expecting him to stop at the last second (I'd stopped accelerating and swerving was a last ditch effort in the time I had to react). I'd estimate my window between reaction and collision to be about 2 seconds. The driver hit me in the region of my left foot, shearing off my gear linkage and forcing me into the curb on the opposite side of the carriageway.
I landed on my head about 10m from the collision location and my pillion was also thrown vertically, landing in the roadway. I could feel pain in my neck straight away and didn't move. Witnesses to the collision came over and told me the driver had stopped. Within 10 minutes I'd been told he'd left the scene without leaving any form of identification.
Myself and my pillion remained where we'd landed for about an hour whilst paramedics worked on us before placing us on spinal boards and taking us to resus. As I was put in the ambulance I was told by the police that the driver had returned to the scene (over an hour after the collision), had been breathalysed and arrested for being twice over the legal drink drive limit - This led to a conviction and a driving ban.
To cut a long story my pillion got away with some bad bruises. I on the other hand had suffered 2 crushed finger joints in my right hand, sustained a whiplash injury to my neck and my foot had also been crushed between his van and my bike in the impact. I was off work for 3 months, was unable to walk and sleep properly and became reliant on family members transporting me to and from hospital and various other things. Things like sneezing and yawning were agonising and getting into and out of bed required strong painkillers. The pain in my foot was so unbearable I had to return to hospital to get it X-Rayed again.
This week I've had a second operation to my right ring finger which was cracked through the joint in 2 places. The first was an artificial joint that had to be drilled through the bone to hold the fragments in place, the most recent was to remove nerve fibres in an attempt to dull the pain I continue to have. I've undergone intense physiotherapy for all of my injuries, as well as acupuncture.
I've currently spent a total of 3 days in hospital due to this collision and am still having various tests and procedures. Including the loss of earnings for the time spent off work, it's so far cost me about 5 grand.
My case is currently being dealt with by Thorneycroft solicitors, who seemed great at first, arranging for me to see independent medical experts etc. but as time has gone on I've lost faith in them. I get the impression they want to settle as soon as possible without the hassle of going to court.
The third party's insurer has offered a 75/25 settlement in my favour in light of a case law dating back to the 90's (Joliffe vs Hay) and the fact their driver was drunk (a fact they were unaware of until my solicitors informed them). My solicitor recommended I accept this despite not yet receiving the police report which stated I was within the speed limit and that his movements were sudden (described by 2 witnesses). This prompted me to conduct my own research in which I found the Joliffe vs Hay case law is Scottish, so is inadmissible in an English court. It also involves 2 cars, neither of which's driver was drunk. Not only this but there is a more recent and relevant case law involving a motorcyclist (Beasley vs Alexander) in which the driver was found 100% at fault.
My point is this -
I have been left with lifelong injuries due to the negligence of another road user in which the consequences of his actions have merely been inconvenient for him, whereas for me and my pillion, life threatening.
He supposedly told the arresting officers that I had come out of nowhere, despite me advancing down a column of vehicles on a bright green bike, in perfect conditions, with a dipped beam, doing well within the speed limit and riding within his line of sight for several hundred metres.
Drivers have a statutory duty of care when using the roads, I asked my solicitor what duty of care a drunk driver is capable of performing?
This man has conducted a manoeuvre without conducting even the most basic of checks and knew so prior to fleeing the scene before later returning, still twice over the limit.
If this case were to go to court, which seems likely, would I be unlikely to receive a 100% ruling in my favour?