Lawyers win $XY for a 22-year-old woman who suffered a broken pelvis in a scooter accident.
The plaintiff was driving a scooter in Melbourne and hit a branch lying in the road that had fallen from a tree on the verge. On impact, the woman was thrown over the handlebars and broke her pelvis on landing. She also suffered bruising to her hip, chest and arms.
The plaintiff was taken to hospital by ambulance and had surgery in which two pins were inserted into her pelvis. She was subsequently put on crutches and spent 12 weeks in recovery and rehabilitation, mostly home-bound.
The plaintiff has not been able to return to work as a barista, a job which involves being on her feet for long periods and is likely to remain off work for an extended period as she regains full fitness. Previously she had lived an active lifestyle and was involved in the community and charitable causes, which she had not been able to continue after the accident and during the recovery process.
The court ruled that the plaintiff was entitled to $XY compensation as she had suffered a loss of income and incurred medical expenses. The scooter, which only had third party insurance cover, was written off in the accident. She will not be able to ride a scooter, or a motorcycle, again as a means of transport due to a loss of confidence from the accident and will likely incur further costs by having to take driving lessons and buying a car. At court in Melbourne, injury lawyers were able to prove that the Shire was partly responsible for causing the accident as repeated calls from residents to have the branch overhanging the road cut down for safety reasons had not been heeded.