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Injury claims: dangerous driving

Inside of a speeding car
14th May 2014
The momentary misjudgement of an experienced driver that left two motorcyclists seriously hurt could lead to motor accident compensation in the north east.

Local newspaper for Durham, The Advertiser reports that 52 year-old David Hugh Smith was attempting to overtake three cars on a recently resurfaced road, as he approached a right-hand bend.

Durham Crown Court yesterday heard that having successfully passed two vehicles, he was confronted by a line of five oncoming motorcycles coming round the bend on the A689.

Injury claims could indeed be made for the incident that took place on the road between Frosterley and Wolsingham, Weardale in County Durham, at about 11am on August 22nd, last year.

Mr Smith is said to have tried to take evasive action by pulling his Porsche Boxster to the left behind a Seat car, which is the third car he was trying to overtake at the time.

Disaster struck however when he clipped the Seat in a rear-end collision, sending the car into a spin onto the opposite carriageway.

The Seat collided with the first two motorcycles with considerable force.

The first rider, John Oyston, 44, was thrown from his Honda 1100 Blackbird into a tree.

This caused him to suffer multiple fractures, including two broken arms and a leg.

The victim has since undergone nine operations to have several metal plates fitted.

Mr Oyston is said to be still wheelchair-bound, and is having to learn to walk again with the use of an adapted zimmer frame.

The second biker, Anthony Gordon Hume, 52, suffered a broken right leg and badly injured both knees, in events that could lead to a second case of injury claims.

Both motorcyclists said they'd reduced their speed to fall in line with a 20mph area, as there were loose chippings on the recently resurfaced stretch of road.

At this point they realised they were head-on with Mr Smith's silver Boxster ahead of them.

Motor accident compensation could well be successful for both injured parties, as the driver from Penshaw on Wearside, admitted a charge of dangerous driving.

Recorder David Hatton said that while his misjudgement caused catastrophic consequences, it wouldn’t appear to be a public service in jailing Mr Smith.

Instead he imposed a five-month prison sentence, which is suspended for two years - and ordered Smith to perform 250 hours of unpaid work.

He was also ordered to pay £10,000 compensation to both injured men and is now banned from driving two years.

Reported by Fionas Campbell