Case report: settlement following fatal road traffic collision

David Bradshaw, a Partner in our Clinical Negligence and Personal Injury team at Hay & Kilner, has acted on behalf of the Estate of the Claimant’s husband who sadly passed away following a road traffic collision.

The Claimant’s husband was an avid motorcyclist and had been out that day on his bike when another motorcyclist, who was travelling in the opposite direction, swerved onto the wrong side of the carriageway, colliding with the Claimant’s husband. Emergency services were called and the Claimant’s husband was taken to hospital, but he had unfortunately suffered catastrophic injuries and passed away the following day.

The Defendant entered a plea of guilty to causing death by dangerous driving and was subsequently convicted and received a suspended prison sentence. The Claimant instructed David Bradshaw to act for her in bringing a personal injury claim against the driver’s insurance company (‘the Defendant’) to recover damages for the financial losses which had arisen as a result of her husband’s death.

Investigations were commenced and a detailed Letter of Claim was served on the Defendant, setting out various allegations which included driving too fast and failing to stop, steer or otherwise control the motorcycle so as to avoid collision with the Claimant’s husband. Liability was admitted by the Defendant.

A Joint Settlement Meeting took place, and following negotiations, a substantial six-figure settlement was achieved for the Claimant’s husband’s Estate.

David has commented “I am pleased with the settlement we secured for my client. Although no sum of money could ever replace the loss experienced by her and her family, it will allow them to live their lives without the financial consequences caused by the death of my client’s husband”.

For more information on any of the above, or how we can help you or your family, please contact David Bradshaw or a member of our Clinical Negligence and Personal Injury team on 0191 232 8345.