A man, who suffered a devastating brain injury in a motorbike accident, has been awarded injury compensation for a crash with a ploughshare.
On 20th September 2012, Anthony Royle (48) and his pillion passenger were riding along the A54 in Winsford on Anthony´s motorbike. Anthony was travelling at 60mph as he started overtaking a line of stationary traffic that was waiting for a tractor with a ploughshare attachment to turn into a field.
Unfortunately, as Anthony approached the tractor, he did not see the ploughshare attachment protruding across the road at head height in time to stop his bike. Anthony crashed into the ploughshare – both he and his pillion passenger being knocked unconscious with the force of the impact.
Anthony suffered a devastating brain injury as a result of the accident, which has left him needing a lifetime of care and support. As he is unable to manage his own affairs, a claim for injury compensation for a crash with a ploughshare was made on Anthony´s behalf against the owners of the farm – GA and S Broster and Son.
In the legal action it was alleged that the tractor was being operated by a farm employee who, although he had a license to drive a tractor, did not have the experience to manoeuvre a ploughshare attachment safely. Liability was admitted, but defence lawyers argued that Anthony had contributed to the cause of the accident by failing to give it a wide berth when overtaking.
A compromise settlement package of injury compensation for a crash with a ploughshare was negotiated that will be sufficient to provide Anthony with the care he needs for the rest of his life. However, as he is legally unable to manage his own affairs, the settlement package had to be approved by a judge before the claim could be finally resolved.
Consequently, at the High Court in London, Mr Justice Jay was told the circumstances of Anthony´s accident and the settlement of injury compensation for a crash with a ploughshare that had been agreed. Approving the settlement, the judge said “You could have done better, but you could also have done worse bearing in mind all the factors”.