Farmer’s daughter suffers serious head injury in quad bike crash
We have recently settled a claim relating to head injuries suffered in a quad bike accident.
The incident occurred on a farm. Quad bike accidents on farms are unfortunately all too common and such incidents regularly arise.
Our client was the daughter of a Devon farmer, engaged to the son of a neighbouring farmer. She was using a quad bike belonging to her fiance’s farm when the brakes failed on a hill. She lost control of the quad bike and crashed, suffering a serious head injury as a result.
Our specialist bike accident team were appointed to deal with a compensation claim on her behalf. We agreed to act under a Conditional Fee Agreement which is a type of No Win - No Fee arrangement.
As with most claims based upon an allegation of mechanical defect, it was necessary for us to establish the precise cause of the accident. We therefore arranged to obtain a formal report from an expert in the field. Our expert carried out an investigation and presented us with a report confirming that the brakes on the quad bike were in an appalling state and had been neglected for a very long time.
This meant that the farm which owned the quad bike and allowed our client to ride it would carry legal responsibility for the accident and the injuries she suffered. In law there is a legal obligation on people to take care and avoid situations where there is a risk of injury to third parties. In this case the farm should have made sure that the quad bike was serviced and in particular that the brakes were fully operational so it could be safely ridden. Alternatively the farm should not have allowed our client or anyone else to ride the quad bike.
With the assistance of this expert evidence we were able to obtain an open admission of liability from the farm’s insurers. The insurers will have recognised the strength of the expert evidence disclosed to them and recognised that by continuing to defend the claim they would simply cause legal costs to escalate and thereby increase their financial liability.
Although the claimant's head injury was a very serious one, we are delighted to report that she made a remarkable recovery. Within 2 years of the accident occurring she had made an almost full recuperation and was effectively free of any on-going symptoms. Such a high degree of recovery is unusual in a serious head injury case, where problems more often continue for life.
We were able to go on to negotiate an out of court settlement with the defendants in which our client recovered compensation in the order of £75,000.
If you or someone close to you has been injured in an accident involving a quad bike and you want to know what the legal position is then you can call our FREE legal helpline on 0808 1391598.
We specialise in bike claims, including accidents involving quad bikes. We are willing to work on a No Win - No Fee basis which means that you will not suffer any financial risk and wont have to pay anything upfront.
We are always happy to provide an initial assessment without obligation.
If you have suffered a head injury visit http://www.headinjurylaw.co.uk to see if you can make a claim.