One night in October 2016, our client was riding his motor bike along a road in South-West Sydney when he collided with a large orange water-filled traffic barrier, was thrown from his bike and onto the ground sustaining serious injuries.
The road which our client had been riding along was subject to road works and road closures, for the Badgerys Creek upgrades, and the orange traffic barrier had been erected as part of the road closures. The area was not lit at the time of the accident and there were no light reflective materials or warning signs regarding the roadworks and barriers, therefore our client was unable to see the barrier, until immediately prior to his accident.
Our client came to us for advice around 1 month after the accident, as he was still suffering from the effects of the accident. After the initial investigations, it became clear that the orange barrier had been erected by the construction company and contractors who were responsible for the management of the road works. The team at Gerard Malouf and Partners fought hard for our client obtaining an expert liability report in support of the matter and performing inspections at night with the expert, which concluded that the failure to provide adequate lighting and signage contributed to the accident.
Proceedings were commenced in this matter in the District Court of New South Wales against the construction company. The claim was hard fought by the Defendants who filed defences denying liability for the accident and also filed a cross claim in the matter indicating that the company who provided the traffic barriers to the construction company for the road works were responsible for the accident.
pThe team at Gerard Malouf and Partners also obtained a number of medical reports in the matter to provide support for our clients claim for damages including a vocational assessment and occupational therapist report and reports from an Orthopaedic Surgeon, so that we could maximise our client’s claim.
Once our team had collated and served all the evidence, they were in a position to negotiate with the parties to achieve an optimal settlement against the construction company. Our client was pleased with this sum of money as this will enable him to have some time off work to undergo further surgery to remove the metal plates which were inserted after the accident.
If you have been involved in a single vehicle accident, contact the team at Gerard Malouf & Partners today and speak to a personal injury specialist.