In short, there were two lanes of traffic and the van driver swore on oath that our biker Client undertook failed to observe his left hand indicator, undertook him at speed and collided with the back of his van. However, right from the off I thought this was rubbish as careful examination of the forensic evidence just didn’t add up. There was no evidence of speed and my Client said the van tried to suddenly exit left to take a short cut and miss some traffic lights and that’s how the collision happened.
No offers were made by the Defendants and I advised the client to accept no less than 100%. I believed my client so I took the risk of never getting paid and headed to trial.
With no witnesses it made this case difficult as it was one word against the other. However, as always preparation is key and my Client’s witness statement and careful cross examination meant the van driver failed in his defence. The Client got his day in Court and won. The Judge found that the van driver was wholly to blame and found that the van driver “caused a dangerous situation and blocked any escape route” to our Client. I couldn’t agree more.
As a Solicitor and Higher Courts advocate I am firmly of the opinion persistence, experience and expertise pays off. Justice prevailed for our biker Client who was awarded 100% of his damages for his motorcycle and injuries.
