Interesting day so far at the @ManLawSoc GDPR and Social Media Law Conference
Teenage cyclist hit by a car is left with skull fracture
Multi-million pound settlement for sixteen-year-old was hit by speeding car resulting in a rear skull fracture and a bleed on the brain.
Potter Rees Dolan acted for Timothy, a 16 year old loveable rogue who was happy-go-lucky. He enjoyed sports, and was particularly good at football.
He was riding his bike on a residential street close to his home late one April evening when a car struck him from behind. He suffered a rear skull fracture and a heavy bleed on his brain.
The driver blamed Timothy, saying that he could not see him because Tim had no lights on his cycle, there were no reflectors and Timothy was not wearing a helmet.
However, Potter Rees Dolan was able to successfully argue that the car was driving too fast and that the driver wasn’t paying enough attention, although we did concede Timothy should have done more to protect himself and so agreed that liability should be split 75 : 25.
Tim has difficulty walking, his personality has changed and he has behavioural issues, he has problems on a daily basis and lacks capacity to deal with his own financial affairs.
We were able to achieve an extremely successful result for Tim, agreeing a settlement of £4.375 million.
This has helped Tim to pay for a suitable ground floor home, the day to day support he needs to organise himself and the rehabilitation and therapies to help him through his life.
Timothy suffered at the hands of a motorist who drove far too fast and without allowing for the time and space needed by cyclists. It is remarkable that the motorist wasn't prosecuted. Side effects were terrible for Timothy and it is to his huge credit, and also his family's, that he has made such remarkable progress.
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