A man who suffered severe injuries because of a motorbike accident has been awarded millions of pounds in compensation. David Andrew Ireland is to receive a total of £5.5 million in relation to the incident, the Plymouth Herald reports.
The 21-year-old was riding his scooter in 2006 when he collided with motorist Colin James. As a result of the accident, he suffered a fractured skull and serious brain and lung injuries. He was left with epilepsy and will need care for the rest of his life.
Through his mother, Susan Palmer, he sued Mr James. The driver’s insurers admitted he should take most of the blame for the accident. However, they argued that Mr Andrew should accept part of the blame because he was allegedly wearing an “ill-fitting helmet” at the time.
During a recent hearing at London’s High Court, it was agreed that the victim would receive damages on a 95 per cent liability basis.
Commenting on the case, the family’s legal representative said: “This is a road traffic accident where it is common ground that Mr James needs to bear the lion’s share of the blame.
“It is suggested that the young claimant was guilty of contributory negligence, in that he had an ill-fitting helmet, and must have known that it was ill-fitting. There was a suggestion that he wasn’t keeping a proper lookout, and there was a suggestion that he wasn’t wearing the helmet at all, but that it was perched on top of his head.
“We think that it is overwhelmingly likely that we would have won this litigation and there would not have been a finding of contributory negligence.”
However, it is not always possible to predict what view a judge will take, he added.
Claimants in cases like this rely on the skill and experience of their personal injury solicitors in order to achieve the most favourable outcomes.
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