got punted by a landrover freelander [Archive]

GingerWizard86

10-04-12, 11:34 AM

hi ladies and gents, fraid to say i got in a tangle with a landrover on the 31st of march i write this from my hospital bed in the RUH 11 days after it occured, heres how it happened

was on the a367 at the top of bear flats in bath, i started to safely over take the slow moving traffic on the road just before hitting the section pf of dual carriageway. I was not speeding

Suddenly drom the left a landrover freelander pulled out of shakespere avenue from my left and punted me good and proper, sent me flying 10 meters, saw the bike pirouette across the road whiles upside down in the air then i landed.

Emergency crews were awesome got me to hospital as best they could. I sustained a few good injuries which have left me out of action. The impact from the freelander shattered my left femur into 7 pieces, snapped all the ligaments in my left knee and upon hitting the floor, fractured my left elbow.

I now have a lovely metal rod holding my thigh together, I will publish the xrays when i have them (probably)

The police has ruled the incident 50/50 as i should i have not been there, but i was overtaking safely and legally in my eyes and would not say it was 50/50 at all, she turned into my right of way and didnt look at all.

I may be able to go home soon but wont be mobile and will need to eat sleep and **** in the same room for a while :(

now the questions,

will the polices verdict of the incident effect any insurance claim / personal injury claim i may have??

im not sure how this all works

any advice appreciated

Honda_Star

10-04-12, 11:43 AM

Hi there

Sorry to hear about your accident :( - hope you recover quickly.

As for your question - please pm me and I will see if I can help (im a solicitor)

Demonbaker

10-04-12, 12:05 PM

Sorry to hear about your accident and hope you recover soon. I can recommend this guy, he is an ex police motorcycle trainer and accident investigator.

Tony.Carter@mwsolicitors.co.uk.

Google, Mcmillan Solicitors.

Mitch9128

10-04-12, 12:17 PM

White Dalton, you need a solicitor on side who knows the law, especially regarding to bikers and filtering etc. If you haven't heard of them, they have a column in Fast Bikes and are all bikers, and solicitors not the usual idiots appointed by your insurance. Tell them Mitch from Chippenham sent you (Rhiannon is dealing with me presently, regarding my off), the filth are talking b*ll&cks, this thread may help also,

http://www.therevcounter.com/general-mayhem/6154-insurance-wants-go-50-50-my-claim.html

Last Train

10-04-12, 12:22 PM

Kin ell GW,

Mend well and good luck with your claim.

off_again

10-04-12, 12:24 PM

Yeah, as already said - get a specialist solicitor on the case. Not only do they know the situation, they have the experience too! A good solicitor is worth their weight in gold!

pilninggas

10-04-12, 12:26 PM

GWS

Jacde

10-04-12, 01:40 PM

:o ouch! gws

Squashed_Fly

10-04-12, 01:46 PM

I'm not a lawyer, but I do remember the police saying at Bikesafe, that if you overtake past a junction, then the liability is 100% yours as the overtake is unsafe. The driver may never have been able to see you as you would have been coming past the the traffic obscuring his view.

If they are offering a 50/50, in those circumstances, I would probably bite their hand off. I may have misunderstood your description though, in which case if I've got it wrong I apologise in advance!

In this diagram you would have overtaken the purple car, and the driver pulling out wouldn't have seen you...

http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/documents/digitalasset/dg_070545.jpg

Ducatista

10-04-12, 01:50 PM

Sorry to hear about your accident and GWS

will the polices verdict of the incident effect any insurance claim / personal injury claim i may have??

Maybe, maybe not.
The police are only interested in criminal offences. In addition they will only make a prosecution where there is evidence "beyond reasonable doubt" as the bar is set high to convict.
The police are not the slightest bit interested in the civil liabilities and settling the costs is a civil matter.

So if someone is prosectued that will help greatly for the insurer to decide liability for the costs.
If there is no criminal offence I'm afraid the police will not be interested and their report may not contain much of value.
The police do not deliver "verdicts" on civil liability. They only decide whether they want to prosecute anyone for a criminal conviction.

goz1960

10-04-12, 01:59 PM

Glad to here you are on the mend, the bike can be replaced.

GingerWizard86

10-04-12, 02:18 PM

thanks for the well wishes guys, just heard from the knee specialist who wiggled my knee around which is as slack as a pros's chuff. going to be here another 10 days minimum as they are going to try and fix it. to be fair, had enough of it now though.

for the record im not interested in getting them prosecuted, im worried about all the time, pain and anguish the incident has caused me.

its not put me off biking though (just hoping i can get back on a bike after all of this trauma to my left leg)

grrrr

Wes

10-04-12, 02:40 PM

Hi mate, sorry to hear you had an off, hope things mend soon, how did the camera van/ speeding thingy end up? cheers for now, wes.

Goldie

10-04-12, 03:52 PM

wow, hope you're back up on your feet real soon, back up on 2 wheels sounds like it might be a while longer :-/

Nelly

10-04-12, 03:56 PM

sorry to hear about this.. gws

GingerWizard86

10-04-12, 04:02 PM

yo wes, no worries,

these things happen, just thought it would be my fault going into a corner too quick and it letting go on me rather than being klonked by a landy (bit naieve of me i guess) got a speed awareness course though have been goven special dispensation on a date for it due to this incident, which is a help.

Hazel-nut

10-04-12, 04:05 PM

Hope you're up and about again soon

Geordie Stu

10-04-12, 04:39 PM

How's your recovery coming along out of the RUH yet..?

GingerWizard86

10-04-12, 05:07 PM

yo stu,

nah not yet, was bought in on friday the 31st by ambulance, had my femur pinned on saturday, been here since, now they want to keep me for another op on friday / saturday to repair my knee so will be here another undertermined amount of time. its really got me down now. hating it, just want to get home even though i cant do anything but lie there.

Bonnielass

10-04-12, 05:13 PM

Ooh, ouch!! Good luck with the op at the weekend and hope you get well soon!

Toph

10-04-12, 07:15 PM

I spent 9 days in the RUH a few years back, I was stir crazy in the end !! I know how you feel, wanting to get home.
Get well soon buddy, hope your injuries heal quickly and you can get back to normality. :)

voodoo

10-04-12, 08:46 PM

glad to hear you're on the mend

Mark_Able

10-04-12, 09:55 PM

Hi Andy, sorry to hear about your prang. If I can help you get your confidence back, once you're up and about again, just give me a shout. Depressing and boring it may be in RUH, but you're in the best place at the moment. Get yourself fixed and up and about again.

Dan505

10-04-12, 10:28 PM

Ow....GWS buddy hope your two wheeling again real soon

bobf279

10-04-12, 10:45 PM

Sounds painful, get well soon

NoYou

10-04-12, 11:01 PM

yikes! sorry to hear about your prang :( GAS budd!

filtering is a bit of a grey area in the law. my view however. the highway code says that when waiting at a junction you must have a clear view in both directions before emerging. now if there are cars.in either direction. moving or stationary you cannot possibly have clear view. however from personal experience using that as an argument doesn't seem to get you very far!

10-04-12, 11:16 PM

Bad News keep your pecker up and get well soon !!! [smiley=smiley.gif]

GingerWizard86

11-04-12, 06:45 AM

thanks mark, rest assured i will do. i lnow this is the best place for mw though communication between the staff here is pretty terribleat best. the nursing staff are excellent though and really out do themselves and will bend over backwards to help you. Gonna need to get them a gift when i get out of here, want to track down the emergency crew too who helped me out to let them know how greatful i am for thir help

as i said i genuinely do not feel that 50 % of the blame can be attributed to myself but cant be bothered to argue now. the police seem pretty disinterested and just want to let it rest but as mentioned i have no idea of how the insurance companies will work it out. the simple point is that she moved into my right of way and in doing so hit me with the front of her car. from everything i have read i was certainly not doing anything considered illegal and considering the car had defective tyres it should not have been on the road. my insurers are mce, anyone know what theyre like??

its a shame it happened so soon, have been so so careful and hear you in my left ear all the time mark, i certainly would not have tried anything stupid.

11-04-12, 07:30 AM

Jeez, what a bummer. GWS :)

Once you are fit enough to ride, do as Mark Able says and get out with them. They were a great help to me when I got back out on the road. ;)

BB

GingerWizard86

11-04-12, 08:07 AM

wonder if anyone will insure me on a speed 4 after this incident........ *chuckles*

Mark_Able

11-04-12, 08:34 PM

Andy, I'm sure you weren't doing anything wrong, still being a newbie to the road. But unfortunately, it's always down to the individual who is overtaking (or filtering on this occasion) to take responsibility for their actions. It does seem a bit harsh that the Police aren't taking any action against her, seeing as she had no rubber on her tyres though. >:(

8_ball

11-04-12, 08:50 PM

Sorry to hear of your accident get well soon

GingerWizard86

12-04-12, 10:19 AM

well the good new is that im on tue mend, gonna need at least one more operation on my knee in the future. every single part of my knee was f*****. I can go home in a cast.

The bad news:

the knee consultant mentioned 'getting to know me well over the next year or 2' which says to me that i may not be able to get back in the saddle for a year or 2. obviously the prospect of this makes me very sad and also makes life difficult as i cannot afford to commute by train or car.

maybe i will need to use the insutance pay out for a season train ticket :'(

Ducatista

12-04-12, 12:38 PM

maybe i will need to use the insutance pay out for a season train ticket

Make sure your uninsured loss recovery firm know all about your losses including clothing, helmet etc.
Presumably loss of income as well.
Ask about future losses e.g. commuting costs, but I believe it can be covered.

Dan505

12-04-12, 03:11 PM

not good news, hope its sorted real soon

GingerWizard86

13-04-12, 09:29 AM

well...

they performed knee surgery on wednesday. the didnt use any local anaestetic so when they woke ne up i was screaming, they subsequently pumped me full of morphine, i therow up everywhere and then went to sleep.

my leg is now in a proper cast and i am waiting for the physio to see me today to help me with some crutches. lets hope i pass their little test as its likely they will let me home today. I am sooo hoping i can leave today.

just because i am going home does not mean i am 100%. they couldn't do all of thr work they wanted to in my knee which will mean at leasr 1 more operation in the future, many out patient visits and lots of physio and rehab

This has been the hardest 2 weeks of my life and no doubt the whole incident will continue to have an effect on me for the long term.

There are so many people that have helped me get to this stage, not only NHS staff but also friends, family and my girl.

I am determined to ride again, though it is going to take a long time to repair the damage suffered this time round.

Got my sights set on the brighton burnup / ace cafe reunion in Sept, but this is probably just wishful thinking so the real milestone will be the TT next year.

I know this will drag on with the insurance companies though i maintain my stance, what i was doing was completely legal, I had right of way and the driver of the freelander was not paying enough attention. All the points of the highway code are in my favour and therefore hope that it is seen this way.

I will contact some of you that have offered assistance once i am home and can communicate properly, rather than on a phone keypad.

Cheers for all the well wishes, I loved the hornet, but wont find another in the same condition as harriett so got a good long time to do some window shopping.

much love, Andy/GW/CR

GingerWizard86

13-04-12, 01:52 PM

ok so now im not going home..... Gutting.

just wanna go home :'(

13-04-12, 06:14 PM

Aww man, keep smiling and don't let them get you down. Very easy to say and very hard to do as I know from experience. They will ship you out as soon as they can I'm sure. :)

You going through lots of interesting colours/shades? I was multicoloured for some time :o ;D

BB

BB

Dan505

13-04-12, 07:39 PM

Chin up buddy and hope justice lands where it rightly should

redken1

13-04-12, 08:32 PM

GWS Andy

Col

15-04-12, 01:34 PM

GWS mate...it ain't gonna be a quick fix G.W. considering the extent of injury which is something you are going to have to come to terms with.

Question ...How did you know about the tyres on the landi ?
Why isn't plod interested in this ?..have I missed somat ? Pulls out on you when you have right of way..defective tyres....caused serious injuries ...

.. is this our well known and beloved plod that crawl about in unmarked cars and bleat on about road safety, drink drive, shut roads for hours on end 'investigating' accidents, etc etc.

Mind you 'Law' is bollox and basically 'pot-luck' so you probably won't get much...say yer 'phone was hacked and get PPI repayment should yield more lucrative cash amount ;D ;D

Keep yer chin up GW ;)

GingerWizard86

06-07-12, 04:29 PM

Long time since I have logged on.

Still on the mend 4 months later.

Pretty darned bored of daytime TV now....

know all the tunes for the adverts and consider myself an expert in antiques and house auctions....

Just found out I need a bone graft to help fix my femur that is still very buggered hahaha.

Good news is that the ligaments that have been repaired so far are good.

Absolutely gutted I lost out on my planned summer trip round Europe. Would have been leaving tonight for 3 weeks :'(

Swanny

06-07-12, 04:37 PM

Glad to hear you're on the mend :)
Do yourself a favour and get rid of the tele 8-)

Mark_Able

06-07-12, 09:56 PM

Hey mate, long time no hear. Sounds like it's going to be a long (painful) process. I hope life doesn't get you down. If it's any consolation, I still fall down the stairs some mornings, when my foot that I broke 8 years ago, decides to give up. Godamn high-side at Pembrey. And you didn't have to endure Camarthen Hospital. What a sh*thole... ::)

Rabb

06-07-12, 10:23 PM

I wish you a speedy recovery.
Try the radio instead of the TV it's far more interesting in the daytime.

Maz

09-07-12, 09:35 PM

My fiance was pulling out of a junction where an off duty paramedic was speeding, over taking a lorry on a blind bend where the junction was. My fiance didnt see and obviously wouldnt due to the bend and the fact this person was on her side of the road! Police called it 50/50 which it clearly wasnt. I personally think it was because this person was a paramedic!

Anyway my fiance got 100% of her claim, the court and solicitor found that this paramedic had failed to adhere to the highway code (it didnt matter what the police said the evidence spoke for itself).

So answer to your question. It might but might not affect your claim.

We had to fight to win but it was a massive victory as this paramedic was not 90% at fault but 100%.

Also this person is still driving the roads! She even lyed to the police but got away with it amazing!

GingerWizard86

10-09-12, 02:08 PM

Just a quick update and can appreciate that I have not been on for a while.

The good news is that some witnesses of my incident make good detailed report that the driver that I had a conflict with completely neglected to look right before pulling out of the junction and place me at about 10 mph (YAY)

This should help immensely with the legal battle.

I am starting to get up and about a bit more now, though I still have a gaping hole in my femur that they need to sort out. I'm proud that I actually manage to put the wheelie bin out by myself yesterday without having to rely on anyone, though was a little tricky whilst handling a crutch.

Had a chat with a great surgeon in Bristol about my options, of which there are a few. Great chap, though I forget his name, also a biker.

The options I have are:

1) leave it and see what happens

2) take the metalwork out of my leg and replace with bigger stuff that will hopefully push bone matter down inside the bone to the area of the gap, promoting new bone growth

3) take some bone marrow and blood, spin it through some special machines to make a super bone growth cocktail and inject that into the gap with a camera. I'm guessing that this is some sort of stem cell bone repair method.

Number 3 certainly sounds the best option as it's the least invasive without just leaving it. Does anyone know anything about this method and it's success rate??

Finally settled on a new machine once I can mount up again.

Reckon I'll get a street triple :D !!

Gutted I missed the Ace reunion and Brighton burn up this weekend but hey ho there's always next year!!! Anyone on it ??

Dan505

10-09-12, 03:10 PM

good news your on the mend, as for option 3 i'm sure your find lots of info on the net, but being the internet take it with a 'pinch of salt' as sometimes you can never tell how accurate the info is.

Crosbie

10-09-12, 04:04 PM

Glad to hear your getting better buddy (however slow it may be). Regarding the bone marrow thing - I know bone marrow transplants are rather painful! :-/ not from personal experience but watching medical programs for year’s lol. How that pain weighs up against the pain you’ve been through already I don’t know - the surgeon should be able to give you a good indication!

Nico_babe

10-09-12, 04:06 PM

GWS x

cerruti

10-09-12, 06:43 PM

10-09-12, 06:52 PM

Good to hear you are making progress and good luck with whatever option you go for :-*

BB

GingerWizard86

10-09-12, 07:33 PM

Hi GW, good to hear you are improving.

I don't know if it is the same thing or not but... when I had my spinal surgery a few years back, they took a bone graft from my pelvis, mashed it up with something and stuck it inside a titanium cage and inserted that into my spine in the hope that the bone would grow out through the cage and fuse the vertebrae.

Sadly for me it didnt grow quite enough, but I have heard from others that it has been very successful. I would certainly say give it a go, although I'm no expert and don't know your circumstances.

Ps, If it's bone marrow they are taking I'm not sure how painful that is, but bone grafting can hurt a lot - my donor site for my bone graft is still giving me problems 13 years later :'(

Good luck with whichever path you choose, and keep us updated. GWS :-*

Thanks Cerruti,

They were considering using a section of bone from my pelvis to plug the gap as it's the only bone to encourage others to grow.

I know bone marrow transplants are very painful, but I am guessing it won't be as bad as what I have already been through. after all, there won't be any bone marrow left in my left leg already as a bar and nails will have already replaced it which is why I understand that the bone marrow will come from my right leg.

I'm really hoping they just get on with it now so I can mend as soon as possible, though I can fully understand why these things take time and I really appreciate all the hard work the NHS has put in to get me this far.

This will need to be done before they consider repairing the remaining ligaments in my knee. They have done 2 already but they mentioned that the other 2 can be done further on down the line once me bones are sorted.

Mark_Able

10-09-12, 09:41 PM

I hope it keeps getting better, and you don't have to go through too much more. Keep us posted mate... [smiley=thumbsup.gif]

Senna(Dan)

11-09-12, 01:58 AM

Glad to hear you are on the mend matey.
Little victories are the way forward, push a bin is a task that can require a fair amount of effort without you normally thinking about it.
Hoping to see you back on a bike sooner rather than later.

11-09-12, 07:30 AM

Little victories is a good way to describe it.
[smiley=thumbsup.gif]

BB

DaytonaDog

11-09-12, 10:05 AM

Mate, hope it gets sorted soon, we need to go carp fishing after all and the season is nearly upon us.

Dabz

11-09-12, 10:35 AM

Mate, hope it gets sorted soon, we need to go carp fishing after all and the season is nearly upon us.

may have to join you sometime!

GingerWizard86

12-09-12, 11:06 AM

One for the trips and meets board I guess haha, though could be difficult to carry kit on a bike.

GingerWizard86

14-09-12, 01:02 AM

Just finished dismantling Harriett my beloved hornet.

God how truly awful do I feel right now....

It has bought back so many (mixed) emotions.

:'( :) ;) :D ;D >:( :( :o 8-) :-? ::) :P :-[ :-X :-/ :-* :'(

silly_simon

14-09-12, 05:31 PM

Take it easy buddy :) Don'y go overdoing things

GingerWizard86

10-12-12, 07:19 PM

Just a quick update on my situation.

So not such good news this week,

such is the extent of damage to my femur, I will be in and out of surgery for the upcoming 12 months - there goes the Isle of Man this year.

They need to shorten my left leg by about 4 cm and replace the hardware in my leg for heavier duty stuff.

They will shorten it because it needs two flat surfaces rather than the mess that's there at the moment. Will be looking at Feb for the first part.

The second part, once it has healed and I am dizzy from walking round in circles due to 1 leg being shorter than the other, will be to surgically break it again and add a lengthening device that will stretch my leg by 1mm a day. It will do so by having magnetic screws in the device and using a magnetic device once a day to turn the screws, so no soft tissue damage every day.... (silver linings and all that)

Once healed, they will then turn their attention back to my knee.

Out of action for 9 months now and it's going to be at least another 9, depending on how fast the NHS decide to take.

My solicitor is just about to issue court proceedings as myself as the claimant. I still feel completely not at fault but have been told it will more than likely come off as 50 / 50, insurance companies are happy to take your hard earned wonga, but don't like to pay out. Not that I am claiming on mine, I will still take a hit in any future cover I will have.

All this and I start to worry about losing my employment for it being an "operational inconvenience" which will put an end to my health insurance.

Not the week and visit to the surgeons that I expected (or was hoping for)

redken1

10-12-12, 07:38 PM

Sorry to hear that Ginger.

I wish you well and hope it all works out in the end.

Crosbie

11-12-12, 11:56 AM

Oh mate that all sounds pretty savage! :(

Can’t believe how much damage has been done at a relatively low speed. You would have suffered less if you just led under her wheels and let he drive back and forth over you. :-/

The amount of damage to you would result in a huge payout on paper if not a fault so think you may have a big fight on your hands there :'( So annoying. Makes you wonder why we all pay ludicrous insurance premiums to then have to fight so hard to make genuine claims and wait what seems an eternity for any payout. >:(

Don’t lose hope!

Senna(Dan)

11-12-12, 12:29 PM

Ginge I hope this gets sorted mate and you do get the compensation you deserve.

I hate insurers that wont pay out for a case like yours but are more than willing to pay out cash for a 5 mph knock in a car that hasn't resulted in whiplash.

Col

11-12-12, 12:40 PM

phew!!! at least on the bright side they ain't gonna shorten yer weener :D

What was the plod action over the tyres on the landi ? This is somat to concentrate on as basically if below minimum tread the vehicle was not legal and therefore should not have been on the road ;)

Hope that everything goes well and they fix ya up and you get some compo payment GW :)

GingerWizard86

31-12-12, 01:56 PM

Cheers for the well wishes guys.

Tell me about it Crosser.

Indeed Col, that would be dire and it oddly does help.

My solicitor still feels that it will likely be 50/50 and I understand that he does not want to build my hopes up. I am seriously hoping what with the evidence that the car was not roadworthy and other road users have noted that she did not look right when pulling out and the fact she gout out the car holding 2 small lapdogs, which does kind of cement driving without due care and attention, but as we know unfortunately courts do not look favourably on motorcyclists and I know that the other side will play the "excessive use of speed" card despite witnesses putting me at < 10mph. She did break her arm when the airbag went off which also does suggest she did not have bot hands on the wheel. I live in hope that she was on the phone / waving to someone and when the airbag deployed, it made her give herself a good old slap in the face which broke her arm....

I have no idea if any action was taken against the driver for the un-roadworthyness of the vehicle. I really would like to know if at the very least points were issued as this would help my claim. Does anyone know how / if I can find out??. From what I understand though, no legal action was taken by law enforcement. In fact I do not feel that it was handled very well at all by the police. I must say at this point that it is not a blanket "all police are terrible" as I know there are a lot of good guys out there and that do their job to the best of their ability.

I agree, the vehicle should not have been on the road, but I am not a legal expert and the officer overseeing said to me that it would have no bearing on the incident anyhow.... I just can't get my head round this as it should not have even been there in the first place :-/ can anyone let me know how I should handle that. I do have pictures of the vehicle post crash and have provided them to my solicitor. There was less than 1mm tread left on front left and the front right was also well under legal limits.

Needless to say, it has been a very poor year for me and I will not be back together until at least this coming September, a year and a half.... crumbs..... I'm hoping my solicitor fights the good fight and can get me some good recompense, though I really fear it will be a pitiful amount compared with the pain, discomfort and inconvenience of it all, to be honest no money would make up for having to spend a year and a half incapacitated.

I was hoping it would be an easier fix than it has turned out to be and that I could go to the Isle of Man this year (had booked it) as a consolation for missing my planned and sort of paid for Europe tour.

Oh well always next year.... (hopefully) thats what I said last year :(

SupeRDel

01-01-13, 03:06 PM

Couple of questions?

Which way was the freelander going? Turning left, same way as you, or crossing the slow traffic to turn right into Bath?

Was she waved out by the driver in the slow line you were passing?
If she was - What was that vehicle?

GingerWizard86

02-01-13, 11:23 AM

Hi Del,

She was turning right to go into Bath.

I have no idea if she was waved out but I suspect it. That is something I guess I will never know.

The vehicle at the front was a small car (VW polo from memory) The driver of the polo has made a good statement that they failed to look right while pulling out and has not mentioned waving her out.

SupeRDel

02-01-13, 11:50 AM

Personally I would suspect the driver of the car you were about to pass waved them out and quite naturally the driver being waved out, thinking its now safe from the right only looked left for a gap in the traffic.

The driver of the car will not admit to waving her out for fear of being blammed. Did the statement from the Freelander say she was waved out?

This is probably quite a common type of accident - I bet London see's a few of these a day. Because there has been similar accidents in the past they have already been fought thru the courts. So lawyers will look back on old similar cases where judges have already made decisions.
Hence the lawyers will not be in a hurry to go to court.

Are you using someone like "White Dalton" who are bike sympathetic?

GingerWizard86

02-01-13, 12:09 PM

My solicitor is a guy called Andrew Clarke from Fletchers Solicitors appointed by my insurers (MCE) so I have faith that he will fight the good fight. I have not claimed on my insurance as I feel I was not to blame. He has been dealing with motorcycle claims for 25 years and he has mentioned that it will likely go 50/50 from past experience, though what with the failure to look right and the vehicle being un-roadworthy, I would have at lest thought it would be a pretty strong case for negligence on their side and thus I would be coming off better in the case.

What I would really like to know is did the driver have any points due to the bald tyres as I am sure this would strengthen my case.

The other parties solicitors have not replied since their first response 6 months back to say their client is at no fault at all and that "We believe your client (me) was the author of his own misfortune and invite him to discontinue his claim" which really got my back up somewhat.

GingerWizard86

24-06-14, 11:14 AM

Hi all.

Been a while since I was on.

I have some great news in the fact my case went all the way to court last week and the judge decided on a 66 / 33 split in my favour. There were criticisms of both parties understandably but it did confirm I was right to fight it as I felt I was not at majority fault.

The way the courts are starting to view these kinds of incidents is changing.

My team were relying on a precident set in december 2013 by jones vs lawton where the motorcyclist was overtaking 2 lanes of traffic at 60mph. The case was decidrd 66/33 in the favour of the motorcyclist as it was not unreasonable to expect a filtering motorcyclist and more care should ve taken to look for vunerable road user groups.

My case solidified this ruling and the cases will be relied up on tandem for future cases. So happy were my team with tge results, they are going to publish the courts finding for my case.

now thats all sorted all I need to do is get myself fixed. In for more surgery in august to stretch my femur back to its normal length and more surgery before the year is out.

Its been a long 2 and a bit years but I gave come a long way. Got a way to go but will get there. Starting to think about getting back on the steel horse