Motorcyclist left with serious head injuries is awarded a six-figure compensation payout after collision with a tractor

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1 Jun, 2015

The High Court has found that a motorcyclist should receive compensation after he collided with a tractor that blocked a road on the Isle of White in 2011. The compensation award is likely to amount to a six-figure sum after motorcyclist Warwick Buswell suffered a serious head injury.

The bikers hit their brakes but were unable to come to a stop

In July 2011, Warwick Buswell of Cowes, on the Isle of White, was riding his motorcycle with fellow biker Warren Godfrey, when the pair were faced with an emergency as they proceeded over a hill. Travelling along the 60mph B3399 Newport Road near Tapnell, the motorcyclists were riding at around 70mph over the brow of the hill before they realized that a large tractor and trailer were blocking the entire road and that they were unable to proceed.

Both hit their brakes but weren’t able to come to a stop. While Mr Godfrey was injured after his bike skidded and slid under the tractor’s trailer, Mr Buswell collided directly with the farm vehicle. He suffered a serious head injury and was taken immediately to hospital and the High Court heard how he is still suffering ongoing symptoms as a result of the collision.

The Symptoms of Traumatic Brain Injury and Making a Head or Brain Injury Compensation Claim from <a href="//www.slideshare.net/ibbsolicitorsuk" target="_blank" rel="noopener noreferrer">IBB Solicitors</a>The tractor was being used by self-employed farmer, Robert Symes, who was hauling grass silage from East Afton Farm. The court heard how the farming vehicle had emerged from a gap in the hedge, onto the road, blocking its whole width, with no vehicles able to pass around it. Hearing the case, Mr Justice Supperstone described Mr Symes’ reasons for the road block as “excuses” for not having used a safer alternative exit from the field. He said that evidence did not support his arguments. <blockquote>Mr Justice Supperstone continued to find that the farmer had acted negligently, stating: “I am driven to the conclusion that Mr Symes appreciated the risks that he was taking when he drove his tractor and trailer out on the B3399 from the exit he used. “I accept that either he foresaw the danger and took the risk or he did not foresee it when he should have done. Whichever it was, he was negligent.”</blockquote> However, he also concluded that Mr Buswell had played a role in the accident and ordered that deductions to his compensation be made to reflect his contributory negligence. He said the both bikers knew – or should have known – the dangers of proceeding at high speeds on a road where they were unable to see what lay in front of them: <blockquote>“In my view they were running a very great risk of colliding with anything that may have been in the road over the hill. Mr Buswell was at fault in driving much too fast. I consider that he was two-thirds to blame for the collision that occurred”.</blockquote> While the compensation figure is yet to be agreed, it will be reduced by two-thirds to reflect Mr Buswell’s actions. However, due to the severity of the brain injury he sustained, it is likely that this will still amount to a six-figure sum. The payment is likely to come from the Motor Insurers’ Bureau, which compensates victims of uninsured drivers, after it was revealed that Mr Symes was operating the tractor without insurance. <h2>Making a compensation claim for a head or brain injury</h2> <iframe frameborder="0" scrolling="no" src="//www.slideshare.net/slideshow/embed_code/key/zc8wCuqQrSlz8d" target="_blank" title="How to Claim Compensation for Brain or Head Injury: The Key Issues">

How to Claim Compensation for Brain or Head Injury: The Key Issues from IBB Solicitors

If you want to enquire about making a head or brain injury claim following a car accident, fall, sporting injury or other incident, please contact one of our experienced brain injury solicitors on 01895 207835 or 01895 207295. Alternatively, you can send an email with your name and contact information and brief details as to the nature of the accident/clinical negligence and the injuries sustained to PI@ibblaw.co.uk and one of our team will be able to help you.