Our international serious injury solicitors have helped Martin claim compensation after a road traffic accident left him with life-changing injuries.
The accident
In 2015, Martin was cycling in Spain with a group of friends. They were enjoying a ride when a car came around a corner at speed and drove onto the wrong side of the road. The car hit Martin and one other cyclist.
The driver didn’t stop, leaving Martin at the side of the road with life-threatening injuries. An air ambulance took him to a Spanish hospital and he slipped into a coma. He then contracted a number of infections which further complicated his condition.
Martin was diagnosed with a severe traumatic brain injury, multiple broken bones and sensory damage including a serious loss of vision. He needed reconstructive surgery to repair the damage to his face.
Martin has and continues to need specialist care and rehabilitation to help him recover from his injuries as best he can and manage his ongoing symptoms. He and his wife, Annie, got in touch to see if we could help them make a claim against the driver that hit Martin.
The claim
International serious injury solicitor, James Riley, took on Martin’s case.
Following considerable investigations both in the UK and in Spain, we discovered that the driver who had hit Martin was uninsured. This meant that he had a claim against the Motor Insurers’ Bureau (MIB), in England, even though the accident was in Spain. The MIB initially denied any liability because the Spanish police report said that Martin was in the middle or on the wrong side of the road.
We took the MIB to court in 2018 to decide liability at a two day trial. Spanish law applied to all aspects of the claim, so we sought expert Spanish law evidence to support Martin’s claim. We also presented a report from an Accident Reconstruction Expert and statements from the other cyclists who witnessed the accident.
Our evidence clearly showed that Martin was on the right side of the road. It also showed that the car driver was driving much too fast and entered the wrong side of the road. The court found that the MIB was 100% liable for Martin’s claim.
Justice for Martin & Annie
The next step was to determine how much compensation Martin would get . As the MIB didn’t make any offers, the case moved to another trial in May 2020 which took place over Skype due to the coronavirus lockdown.
Due to the severity of Martin’s injuries, we consulted nine different medical specialists for evidence as well as our Spanish law expert.
After the further four day trial, the court ordered MIB to pay Martin a significant six figure award. This will help Martin get the best possible support as long as he needs it. Funding for professional care also means much less of a burden on Annie, who has managed much of Martin’s care herself over the past five years.
“It has been my absolute pleasure to assist Martin with his claim. He has suffered devastating and life changing injuries but he and his wife, Annie, have been resolute in their pursuit of justice,” said James.
“I hope that this Judgment now gives Martin the chance to continue to obtain the best treatment, private care and assistance and some closure on what has been a very challenging period in his life.
“This Judgment represents a significant and welcome clarification of the law which further confirms the ability of British tourists who suffer accidents and serious injuries whilst on holiday in Spain to recover significant compensation in the English Courts”.
If you or a loved one has been injured in on the road, our international road traffic accident solicitors may be able to help. Call 0370 1500 100 or contact us online for more information.
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