Groundbreaking cases

Andrew Campbell dealt with the following important cases which have extended the availability of compensation to other bikers.

Fatal diesel spill accident

The family of a motorcyclist who was killed after he rode over a diesel slick have been awarded £110,000 in compensation.

Richard Cooper had been riding his Yamaha in Lincolnshire in March 2006 when he went over the diesel spill. He subsequently lost control of his vehicle and collided with a transit van travelling towards him.

The payout is thought to be the first time that such a claim has been accepted by the Motor Insurers' Bureau (MIB).

Commenting on the compensation, Mr Cooper's son Richard said: "We are extremely pleased that our claim has been successful and hope that it will now open doors for other families who have lost loved ones under similar circumstances."

Diesel spills are causing an increasing number of accidents on the country's roads and they can easily be prevented, he added.

Established in 1946, the MIB compensates the victims of negligent, uninsured and untraced motorists.

Andrew Campbell has acted for many dozens of bikers injured in diesel spill accidents. This was the first fatal accident case involving diesel to be submitted to the MIB and to be accepted. This case was reported in The Times.

Biker wins CICA claim for "chicken" boy fatal accident

A motorcyclist who killed a schoolboy playing a game of "chicken" on a busy road made legal history when he won a claim for compensation for the injuries that he suffered in the accident.

Antony Young, 37, lodged his claim with the Criminal Injuries Compensation Authority, which usually pays money only to victims of violent crime.

His lawyer, Andrew Campbell, argued that the boy, Robert Davis, 12, was guilty of a violent act by deliberately running out into the road.

Mr Young suffered six broken ribs, a punctured lung, a bruised heart, a serious shoulder injury and continuing psychological trauma.

The amount of compensation will be decided once Mr Young’s medical reports have been submitted by independent experts and the long-term impact of his injuries has been assessed. The authority could now face other, similar claims.

Andrew Campbell, the lawyer who represented Mr Young, said: “This is a victory for justice, not only for Antony and his family, who have been through a terrible ordeal, but for others who may also have suffered physical or psychological trauma as a result of accidents which occurred through no fault of their own. This case is particularly tragic because a young boy died but it is important that recognition is also given to Antony’s suffering and the effect this accident has had, and continues to have, on his life.”

Mr Young was riding his Suzuki GSXR 1000 on the A4174 dual carriageway in Longwell Green, near Bristol, when the accident happened on April 8 last year.

A group of boys had gathered under a footbridge and dared each other to run across the road. Robert Davis started to run as a van approached but failed to spot that it was being overtaken by the motorcycle. Mr Young, a site engineer, was unable to avoid colliding with the boy, and the bike hit him full in the chest. He died three days later at Bristol Children’s Hospital.

Mr Young, who was travelling at less than 50mph in a 70mph zone, spent two weeks in hospital and was off work for three months. An inquest recorded a verdict of accidental death after witnesses described how the motorcyclist could not have done anything to avoid the collision. Brian Whitehouse, the coroner, was “completely satisfied that no blame whatsoever” could be attached to him.

Mr Young, from Chipping Sodbury, Gloucestershire, was told by 6 law firms he approached before speaking to Andrew Campbell, that he could not pursue a claim for compensation. But Mr Campbell argued that Robert was reckless in his actions, because he knowingly took a risk which left Mr Young injured. He successfully claimed that Robert’s actions amounted to violence, and that Mr Young could be compensated as a victim of a violent crime.

After hearing the landmark decision, he said: “I am happy and relieved. I feel that justice has been served not just for me but for other bikers and car drivers who find themselves in a similar position through no fault of their own.”

The authority receives about 65,000 applications for compensation each year and pays out nearly £200 million annually to victims of violent crime.

A spokesman for the authority said: “The Criminal Injuries Compensation Authority always welcomes applications from victims of crime who are eligible for compensation. Mr Young was a victim of reckless behaviour on the part of the young boy and therefore entitled to a payment.”

This case was reported in all major national newspapers. It highlights the importance of seeking advice from an expert lawyer as opposed the the 6 firms Mr Young approached prior to instructing Andrew Campbell. Some lateral thinking and application of the law has led to compensation for this gentleman and for other biker victims of recklessness in the future.

 

7 figure negligence claim against solicitors for failing to advise MIB application following motorcycle diesel spill accident

In a test case for solicitor's negligence Andrew Campbell acted for a biker, Mr Conti, at the time a law student, seriously injured (brain injury) in 1993 when he lost control of his motorcycle on a diesel spill on the north circular in London.

Mr Conti's solicitors appointed the Defendant law firm to act for him in his claim for personal injuries, Unfortunately the firm did not consider an application to the Motor Insurers' Bureau (MIB) which can compensate for injuries caused by fuel spill accidents (a little known fact until this negligence case).

The case, Mark-Anthony Conti -v- Hugh James (a firm), went to a High Court trial in London on limitation in 2003, the Defendant arguing that Mr Conti was too late to bring the claim against them. Andrew Campbell, instructed by Conti, succeeded with the case. 

The Defendant then argued that it was not negligent as the claim stood no prospects of success even had it been submitted to the MIB within the 3 year time limit by the firm (it had not). Eventually, 3 days before a 8 day trial in 2006, a 7-figure settlement (including costs) was reached. 

Speaking of this landmark case, Campbell said: “This shows the importance of lawyers being up to speed in their areas of speciality. It was unfortunate that the Defendant chose to fight the case which, in my mind, was always going to succeed. Succeed it did with a very large bill to pay including a £105,000 insurance premium, one of the largest in the history of negligence cases." 

This test case has led to Andrew being instructed in multiple other solicitors negligence cases for failure to advise an MIB application following a diesel spill accident. He has won all of them. The effect of the case has been to highlight this area of compensation so that lawyers are now aware of the rights of injured motorists, the result being that hundreds of bikers per year are now receiving compensation as a result of diesel spill accidents - compensation they would not have received were it not for this victory.