Compensation for a Motorcyclist’s Fatal Injuries

Tragically, Mike died from fatal injuries as a result someone else’s negligent driving. His wife, Gaye pursued a claim for compensation for the loss of her husband and father to their 2 children. Barratts Solicitors helped Gaye to recover a six figure sum in compensation, which will provide security for her and her children.

In October 2009 Mike was on his motor bike travelling home to his family for the weekend. A vehicle pulled out from the nearside lane in front of him and he collided with the back of it. Mike sustained fatal injuries in the accident. The driver of the offending vehicle did not stay at the scene of the accident. She did ring the police later.

Mike was 41. His wife, Gaye, was then 34 and their two sons were then aged 11 and 6. Mike was in the Army and had served in Bosnia, Germany and Iraq.

The offending driver was prosecuted on a charge of causing death by careless driving. It took an agonising 15 months for the case to be heard before the Crown Court. The Defendant refused to accept any responsibility for the accident at all. An eye witness gave a clear account of how the Defendant had driven into Mike’s path. Mike had to brake heavily and he collided with the back of her car. Unfortunately the eye witness account of the accident did not match up with the expert evidence as to how the damage could have been sustained to the vehicle. In the circumstances the Judge refused to put the case to the Jury and the charge was dismissed.

Next steps

Gaye was naturally devastated. The police had assured her that the Defendant was responsible for her husband’s death so news was a big shock. Jill Barratt was Gaye’s solicitor and she reassured her. They continued to pursue a civil claim for compensation against the driver on a No Win No Fee Agreement. The Defendant continued to deny liability throughout the civil proceedings. Barratts Solicitors could not resolve the discrepancy between the eye witness’ account and the expert’s evidence.

Jill and Gaye persevered. They were delighted that around 2 months before the trial was due to take place, the Defendants insurers made contact. They agreed to pay a six figure settlement to Gaye for herself and the children. The compensation was based upon what Mike would have earned for the rest of his working life and his pension. Gaye and her children are now financially secure and, although nothing can detract from this tragedy, Gaye does feel at last that justice has been done.