FOCIS
FOCIS

Serious injury due to Yamaha trike accident - double, mid thigh amputation


On 29 November 2003, the Claimant, who aged 42, travelled to her wedding in Blackpool as a passenger on a customised Yamaha trike being driven by the Defendant.

Tragically, the rotating drive shaft of the trike was exposed and on a blustery windy day in November, the Claimant's wedding dress became entangled in the drive shaft, embodying her legs into the mechanism causing severe injury. She had to undergo a double, mid thigh amputation at the scene of the accident with resulting severe shock and blood loss. The Defendant driver and owner of the trike was uninsured and the Claimant left to pursue a claim against the Motor Insurers' Bureau (MIB). The defence argued that the Claimant had contributed to the accident, raising the wisdom on the part of the Claimant in riding the trike in a wedding dress.

Unfortunately, the Claimant made an incomplete recovery from her surgery. She suffered from phantom pain and spasms in her legs and struggled with the prosthesis she was provided with.  In effect, she became wheelchair bound. Furthermore she suffered post traumatic stress with sleep disturbance with nightmares, flashbacks, poor appetite and depression. The Claimant tried to cope with inadequate social services care, and had difficulty completing her every day activities. Her existing accommodation was adapted at her request, which although not ideally suited to her needs, provided many benefits which the Claimant wished to retain.

The claim was handled by a FOCIS member law firm and without taking into account any deduction for allegations of contributory negligence on the part of the Claimant, the claim was worth in excess of £1.4 million. The claim was settled after the parties met round the table and agreed that the Claimant would receive not only a lump sum but also a monthly income in order to ensure her long term financial security. The monthly periodical payments (paid quarterly and to be kept in line with inflation) were designed to cover her need for care and to replace her lost earnings. The payments will continue for the rest of her life.

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