The Claimant was involved in a road traffic accident in February 2007. He was a pillion passenger on a motorcycle being driven by a friend. The Claimant will say the motorcycle he was travelling on hit the Defendant’s motor vehicle as it made an inappropriate U-turn in the road. The Claimant suffered severe brain injuries which continue to affect him to date. Because of his head injuries he has severe post traumatic amnesia which meant he had no recollection of how the accident occurred.
All evidence had to be obtained through the police, accident scene investigators and medical evidence. The difficulties posed in this case included the fact that the motorcycle the Claimant was travelling on was stolen and uninsured and so no claim could be brought against the rider of the motorcycle. The Defendant also alleged that the Claimant had been involved in a burglary shortly before the accident and so ex turpi causa applied – this was not helped by the fact that a gun was found at the scene of the accident. It was also alleged by the Defendant that the Claimant was not wearing a helmet and that lights were not switched on the motorcycle (the accident occurred at night). A liability trial was due to take place on 11th May 2015 lasting 5 days; however, liability was agreed with the Defendant a couple of weeks before on a 90/10 basis in favour of the Claimant.
Quantum was drawn out and settled a couple of weeks prior to trial due to be listed for 7 days – this due to take place in March 2017. Quantum investigations involved neurologists, neuropsychiatrists, neuropsychologists, occupational therapists, neurotologists, and speech and language therapists together with input from a financial adviser.

