Spinal Cord Injury Case Highlights Importance of "Think Bike" Campaign

21/06/2007

Thank you for all your time and excellent work and rest assured that if myself or family or friends require any legal help in the future I will refer them to yourselves.

Michael, Crawley

A Court in Sheffield has refused to reduce an award of damages to a seriously injured young motorbike rider over allegations of unsafe riding.

Alex Krol, now aged 25, suffered spinal cord injuries leading to paraplegia in a road accident in March 2005. Mr Krol's Yamaha Fazer 1000cc motorbike, which he was test riding at the time, was struck by a car executing a U turn in the road as the motorbike overtook a line of slow moving traffic in the same lane. Despite pleading guilty to a charge of careless driving, the car driver and his insurers argued that it was "manifestly unsafe" for Mr Krol to overtake and that his driving at 30mph on a 60mph road in heavy traffic was an excessive speed.

Rejecting both arguments, the Court found in favour of Mr Krol that he had been riding carefully and appropriately before the collision. In contrast the car driver was held to be fully responsible, and found to have made at best only a cursory glance in his mirror before moving off without indicating.

Speaking after the hearing, Neil Whiteley, Mr Krol's Solicitor at the Sheffield office of Irwin Mitchell, said: "I have a great deal of respect for Alex. Despite his devastating and life changing spinal cord injuries, Alex has kept a very positive outlook on life and has remained very active. Alex works hard to raise funds for charities including a recent ascent to the top of Mount Snowden for the Back-Up Trust. I would describe him as "irrepressible". It is unfortunate that he has had to relive the accident in detail through this trial.

"Motorcyclists are often considered to be to blame in some for an accident, even when the facts clearly show that they are not. This case highlights the importance of the "Think Bike" campaign - a momentary act of impatience by the car driver has left Alex wheelchair dependant for the rest of his life.

"Alex's continued efforts in looking forward to brighter future even involves the release of his wheelchair fitness DVD later on this year "No Push Too Tough": an exercise and fitness programme for people who have suffered a spinal cord injury."

The amount of damages will now been assessed by the Court on a later date.

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