Cessnock local receives over $150,000 in motorised pushbike accident

Published 11 Apr 2017

On 29 June 2013 our client, a 31-year-old man, was riding a motorised pushbike along Hospital Road, Weston. The week prior had been wet and rainy and our client was eager to spend some time outside in the sun.

As our client approached Web Street he saw that there was a another vehicle approaching from the other direction, knowing the area well our clients judged that he had enough room to execute the turn before the vehicle approached. Unbeknownst to our client the vehicle itself was speeding and closed the distance quicker than our client anticipated.  Without slowing down or attempting to swerve the vehicle has run through the path of our client throwing him into the air and destroying his bike.

Our client received face, head, teeth and spinal injuries. Our client was taken to John Hunter Hospital where he remained for another six months while he recovered from his injuries.  Our client also had to attend upon   maxillofacial surgeons and orthopaedic surgeons to repair the damage done to his jaw/body. Needless to say, our client incurred high amounts of treatment expenses.

 This matter was referred to the Medical Assessment Service where our client received a whole person impairment of 14%. As this was over the 10% threshold our client was entitled to damages for their pain and suffering, significantly increasing the value of his claim. 

Apart from the usual medical expert opinions which are required in matters such as these, Reg also had to engage the services of a traffic engineer expert.  A view was organised and using the police material obtained as well as witness accounts and accounts of our client himself the traffic engineering expert could piece together the accident and provide his opinion as to how to apportion fault in this situation.

The report was received which showed that the defendant driver was in fact speeding at the time of the accident and it was not until after the impact occurred that the defendant driver started to break.

While the defendant’s insurer’s solicitors had already denied liability for this claim and court proceedings had been commenced this expert liability report was enough to convince the defendant’s insurer’s solicitors to come to the table and negotiate an outcome to this matter without the lengthy and costly process of a court hearing.

Ultimately this matter settled for an amount of over $150,000 allowing our client to obtain access to the treatment which he would require for the rest of his life because of this motorised bike accident.

At Gerard Malouf & Partners we are not a giant publicly listed law company, but a highly specialised and focused firm. We are small enough to care intimately for our clients, but large enough to have the solid financial, and expert resources our client’s need to fight and win their cases!