Case Study - Mr S

Express success for brain injured motorcyclist

A day of motor cross racing at Armthorpe Moto Parc in Doncaster turned into a devastatingly life changing day for Mr S.

It was Good Friday in March 2005 when Mr S, who was enjoying a practice session at the racing track, stalled his bike on a jump.

Due to the poor and inadequate marshalling of a 14 year old school boy, another motorcyclist behind Mr S wasn’t properly informed that Mr S was in a position of danger. The motorcyclist therefore took the jump and landed on top of Mr S causing him horrific, life threatening injuries. Although Mr S survived he suffered brain damage.

The accident was brought to the attention of motorcycle claim lawyers at Express Solicitors and the case was taken up by senior litigation adviser, Margaret Bailey-Tsavalas, who was confident she could bring a claim against the track owner – Bryn Close - on Mr S’s behalf.

Margaret explains: “I carried out a thorough investigation of the incident and it transpired that the marshalling was inadequate. The consequences are that Mr S’s life has changed forever – not only has he split up with his partner and now has to live full time with his family, but also he will never earn as much money now as he did before the accident.

In May 2009, the case was consolidated with that of the other rider involved in the accident and it went to trial at Liverpool High Court. Here, the judge listened to the evidence of the other rider, another witness on the track, the 14 year old marshal and Bryn Close, the owner of the track at the time of the accident.

After considering all the evidence, the judge found there was no negligence on the part of the other rider and that it was the Defendant at fault because the marshalling was inadequate.

“The track owner did attempt to get the decision overturned – three times actually - but this was refused,” continues Margaret.

“We had to gather a great deal of evidence for the case in order to prove that Mr S’s accident was down to poor marshalling and although it took a few years to build the case, the result shows that justice will prevail if the case is prepared thoroughly and managed well.

“The amount of compensation is yet to be confirmed as the case is ongoing, but usually compensation awarded for a serious injury is a lot higher than the average personal injury claim, as it is required to improve the quality of life for the injured person.

“Our main objectives have been to get Mr S the best treatment and rehabilitation available, as well as 100% of the compensation he deserves. With a brain injury, it is far more than just processing a claim and seeking compensation, as the after-effects of such an injury are usually life-long. Therefore, achieving maximum compensation is essential to cover after-care costs long into the future.

“It was therefore essential for Mr S to deal with a specialist personal injury solicitor who can make a claim not only for the pain and suffering endured, but also for future loss of earnings and other costs such as specialist treatments and rehabilitation.”

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