Record Breaking Wheelchair Compensation Win

A Brisbane man who became wheelchair-bound after a car accident left him with severe brain injuries has been awarded a record $20.5 million in compensation.

Chrys Barker, aged 28, and his cousin, Bobby Hobbs, aged 20, were hit by a drunk driver in Caboolture near Brisbane in January 2014. Mr Hobbs was killed instantly in the collision while Mr Barker was flown by helicopter to a hospital. He suffered such serious brain damage that he can no longer speak and is in a wheelchair for life. While he can understand conversations, he can only communicate through eye movements.

The drunk driver was a former Navy man, Craig Edward Jones. At the time of the incident, the investigators estimated that Jones’ blood-alcohol reading was between 0.256 – 0.32%. He lost control of his vehicle and spun out into 3 cars. The people in the third vehicle suffered only minor injuries.

At the time of the incident, Jones was under a probationary driver’s license which required him to have an ‘alcohol ignition interlock’ fitted which would prevent the car from starting unless he had a zero blood alcohol reading. This device was not fitted at the time of the incident. Jones had 3 previous drink driving convictions. He was disqualified from driving for life and was sentenced to 8 years in prison in 2015.

A third-party personal injury insurer accepted full liability. The insurer originally suggested that Mr Barker should live in a care home for the rest of his life, which would cost $3 million. However, a neurosurgeon recommended that he would have a better chance at rehabilitation if he was cared for at home. Mr Barker’s family wished to bring him home, and the insurance company agreed to pay for the adaptations needed to move Mr Barker to the family home in Donnybrook.

The $20.5 million compensation figure, however, has taken 4 years to be settled upon as Chrys’ health needed to stabilise before the figure could be agreed upon. Queensland Supreme Court sanctioned the compensation earlier this year.

An independent trustee company will invest and manage the compensation to ensure Chrys has the care he needs for the rest of his life. The money received from the pay-out will be used to pay for Mr Barker’s rehabilitation, increased insurance, care costs, and home modification costs.

Mr Barker’s mother, Betty Barker, said: ‘To know that the funds are there now for Chrys to be looked after for the rest of his life… it’s just a relief.’

‘Every doorway had to be widened for a wheelchair. Chrys is a big strong boy, he’s in a good-sized wheelchair, and most average doorways are too small for Chrys.’

The insurance company’s head of communications, Paul Turner, said: ‘It has really set the boundaries for future settlements of this size, and a lot of that is based on Chrys’ age and the severity of his injuries. This was a really complex case medically, and we had to ensure that Chrys was covered for life and we got the best cover possible.’

If you have would like to discuss a similar accident or have been affected by this story, then it is in your best interest to get in contact with us at The Compensation Experts where we can discuss your legal issue and help you to make a claim.

Faulty Cutting Gear that Cost a Hand and £1.5 Million in Compensation

A Glasgow firefighter has been awarded £1.5m in damages after an injury caused by faulty cutting equipment led to the amputation of his hand.

In 2014 Ian McDonald was taking part in a training exercise at Bishopbriggs fire station in East Dunbartonshire. The exercise involved simulating a rescue from a car accident. Mr McDonald was using hydraulic cutting equipment which malfunctioned and let out a jet of toxic hydraulic fluid at high pressure. The jet was so strong that it pierced his leather safety gloves and the liquid destroyed tissue in his hand.

Describing the incident, Mr McDonald said: “I had no idea what was going on – my hand felt like it was on fire and was swollen with a painful throbbing feeling… when blood tests revealed I was poisoned, we realised something happened with the cutting gear.”

Mr McDonald went through 4 years and 40 operations in a fight to save his hand. While medical specialists at Glasgow Royal Infirmary amputated the little finger with his ring finger being removed a year later.

“My dexterity remained pretty good, but the pain was agonising, and nothing would stop it. When I heard the full hand had to go, the idea of being pain-free made it easier to accept.”

Having tried numerous painkillers, botox and acupuncture, in June 2018 he was admitted to Queen Elizabeth University Hospital to have his right hand amputated at the wrist. The procedure took 18 days and six surgeries. Mr MacDonald now uses a prosthesis.

Solicitors conducted an investigation which found that there had been an inadequate system of maintenance and safety inspections.

An investigation into the incident by the solicitors revealed that, although the Scottish Fire and Rescue Service knew about the potential risks involved, there was an inadequate system of inspection and maintenance for equipment. In addition, protective coverings which would have prevented the injury were not in use.

Solicitor, David Nellaney, said: “The SFRS is undoubtedly a safety-conscious organisation that provides an invaluable service, but on this occasion, it failed in its duty of care to an employee.”

While Mr McDonald was offered legal representation, he chose his own lawyers to access a specialist prosthetic, instead of a “hook” which was being offered by the NHS.

Mr McDonald added: ” I’ve still a way to go, but after the support of my family, the doctors and colleagues I finally feel like the dark days are behind me.”

Mr McDonald has four children and is recovering at home with his wife Claire currently.

The deputy chief officer of SFRS, David McGown, said commented that it was, “extremely heartening to see that he continues to make a strong recovery”.

He also added: “Following a robust investigation into Mr McDonald’s injury, we undertook a review of equipment and related safety checks and have taken appropriate steps to minimise the risk of similar incidents happening in the future.”

If you have would like to discuss a similar accident or have been affected by this story, then it is in your best interest to get in contact with us at The Compensation Experts where we can discuss your legal issue and help you to make a claim.

Woman Controversially Awarded Compensation After Bike Crash

A woman who was hit by a cyclist after stepping out into the road has been awarded compensation. While the decision may not appear controversial at first, the circumstances of the case have divided opinions.

The ruling has been called controversial as Gemma Brushett was distracted by her phone when she stepped into the road, and the traffic lights were green for the cyclist, Robert Hazeldean. Both parties were knocked unconscious by the collision in July 2015, but the cyclist will have to pay Ms Brushett damages. Although the incident took place over 4 years ago, the case has only just been settled in the courts.

Mr Hazeldean was approaching a junction at the northern end of London Bridge when Ms Brushett stepped into the road. He sounded an air horn to warn her of his approach, but this caused her to panic and try to get back to a traffic island. Unfortunately, Mr Hazeldean had swerved in the same direction to try and avoid hitting her, which is when they collided.

In her summary of the case, Judge Mauger detailed why she had found that Ms Brushett should receive a payout from Mr Hazeldean: ‘When I stand back and ask “how did the accident happen?” it seems to me that Mr Hazeldean owed a duty to other road users to drive with reasonable care and skill […] Mr Hazeldean did fall below the level to be expected of a reasonably competent cyclist in that he did proceed when the road was not completely clear.’

If a pedestrian is established on the road, even if a vehicle or cyclist has the right of way, the pedestrian has right of way by default. So, in this case, even though the lights were on green for the cyclist, Mr Hazeldean, Ms Brushett had right of way.

The judge also added: ‘Ms. Brushett must clearly have equal responsibility if she is crossing the road without looking – and if she is looking at her phone, even more so. But cyclists must be prepared at all times for people to behave in unexpected ways. The appropriate finding is that the parties were equally responsible, and I make a finding of liability at 50/50.’

Another cyclist who witnessed the incident said that Hazeldean was in the wrong and had behaved in an ‘arrogant and reckless’ manner, while 3 other witnesses said that Ms Brushett had been using her phone and was distracted when she went into the road. The judge, however, found that the parties were equally to blame. Judge Shanti Mauger believed that although Hazeldean was a ‘calm and reasonable road user’, cyclists should be ‘prepared at all times for people to behave in unexpected ways’.

The judge’s ruling means that Ms Brushett will receive compensation, but the exact figure she will receive is unknown and will be fixed at a later date. It is likely that, as the judge has ruled that the parties had equal responsibility in the accident, she will only be awarded half of the value of her original claim.

If you have would like to discuss a similar accident or have been affected by this story, then it is in your best interest to get in contact with us at The Compensation Experts where we can discuss your legal issue and help you to make a claim.