Switalskis has secured a settlement for a young-cyclist, who was left with a severe brain injury after being struck by a HGV whilst riding his bike.

We’re pleased to share the outcome of a recent case in which our client – a young man with pre-existing learning difficulties – received £2.15 million in compensation following a serious road traffic accident.

The case was led by Mark Hollinghurst, Managing Director of Personal Injury at Switalskis, with barrister David Knifton KC of Exchange Chambers providing specialist legal representation. The settlement was recently approved by the High Court in Sheffield.

Our client suffered a severe brain injury after being struck by a heavy goods vehicle (HGV) while cycling across a busy junction. As a result of the life-changing accident, our client suffered lasting cognitive and behavioural difficulties, which now require lifelong case management and support, making daily life a challenge.

Supporting a case for brain injury

When the case was initially raised, there was a number of issues. Although it was later accepted that the HGV driver had run a red light passing through over 11 seconds after the lights had changed, liability was initially denied. The defence argued that our client had broken the chain of causation by cycling into the road without checking for approaching vehicles, as shown from CCTV evidence.

Eventually, responsibility for the accident was admitted, but the insurers continued to argue contributory negligence due to the claimant’s failure to wear a cycle helmet. It was indicated by experts that if a helmet had been worn, his scull fracture would have been avoided, which would have significantly decreased the severity of the brain injury.

After careful assessment, the High Court in Sheffield negotiated a liability in the claimant’s favour, persuading the defendants that the gross negligence of the HGV driver far outweighed the blameworthiness and causality of the claimant’s actions.

Despite experts agreeing our client suffered lasting cognitive and behavioural difficulties due to the brain injury, there was a substantial dispute as to whether such needs were significantly different from those arising from the claimant’s pre-existing learning difficulties. It was accepted that the defendants were only liable to compensate the claimant for additional needs arising from their negligence. Issues were also raised in regards to the claimants life expectancy and the level of support worker input he would require.

Case settlement

Mark Hollinghurst and the legal team worked closely with medical and legal experts to build a clear picture of how the accident had affected our client’s life. At a settlement meeting, it was successfully negotiated as an 80:20 split in our client’s favour – meaning he would receive 80% of the full value of his claim.

This result was achieved by showing that while our client had not taken full precautions on the road, the HGV drivers actions were far more serious and ultimately caused the collision.

The final settlement, before the reductions due to contributory negligence, resulted in an overall value reaching nearly £3 million. This included support for:

• 24-hour care during a trial period of independent living
• Ongoing weekly support for life, adjusted to account for his pre-existing needs
• Specialist therapies, equipment and treatments
• Lost earning potential
• Additional living and holiday costs
• Court of Protection costs, including a professional deputy.

The judge approved the settlement, recognising that it was in our client’s best interests and avoided the risks of going to trial.

Life after injury

Despite everything our client has been through, he has made impressive progress with the help of a strong rehabilitation team. This compensation will help him move forward with the right support in place for the rest of his life.

Managing director of personal injury, Mark Hollinghurst commented “I was so pleased at the excellent outcome for our client, after a life-changing injury. Despite the challenges, our client did all he could to try improve his quality of life with the help of a brilliant case manager and therapy team, and it was great to see his progress. I would like to thank David Knifton KC of Exchange Chambers who provided excellent advice throughout, and I would also wish to thank Julie Wilkinson of my team for her hard work in this case. We wish our client and his family all the best for the future.”

Find out how Switalskis can help you

If you’ve suffered a personal injury due to someone else’s negligence, you may be entitled to claim compensation. At Switalskis, our personal injury lawyers have extensive experience in handling a wide variety of claims. We take time to understand the specific details of your case, and do everything possible to achieve justice for how it’s impacted your life.

To find out how much you could be entitled to on your personal injury claim, call Switalskis today on 0800 1340 458 or email help@switalskis.com .