An abysmal court decision
by
, 30th April 2009 at 23:48 (1360 Views)
On May 17th 2008 I survived a near fatal accident in the Wellington Terrace tunnel, after a rouge trailer with cage uncontrollably swung into my path after dislodging from its towing vehicle, I was riding my Triumph Tiger 955cc motorcycle.
The impact of the trailer hitting me severely crushed my right leg, catapulting my body thru the air, dumped roadside continuing to skid, my thoughts were ‘will I be taken out by oncoming traffic - is this the end’.
I owe my very survival to the quick and effective first aid actions of two individuals at the scene. My injuries were severe with a split L2 vertebrae, broken right hand and multiple complex right lower leg fractures. A factor that helped was that I wore all the right protective clothing gear from helmet to boots.
Since the accident I have had multiple surgeries including pins/rods and a skin graft, having spent substantial time in hospital later convalescing at home. This entire period firstly left me wheelchair bound, a prisoner at home requiring two ambulance people to get me to and from the house for hospital appointments only. Eventually x-ray’s provided surgeons proof that the leg bone was not regenerating, too much bone missing, necessitating the need to again reentering hospital for a bone graft. The graft became infected and once again another stint in hospital. Eventually physiotherapy got me back on the road to walking unaided.
Unaided and walking I may be today, however my right leg is permanently disfigured with little to no skin sensation, it continues to swell up as the day progresses and most evenings you will find me sitting in a chair with my leg up to reduce the swelling. I’m still today unable to lace up my shoe or zip up my boot on this leg. The impact has hit me hard and limits my life style. I’m still unable to have the simply pleasure of walking our Siberian huskies, mow lawns, we plan shopping trips carefully so I’m not on my feet for long periods.
My ACC insurance has been good to pick up hospital bills, taxis to and from work plus physiotherapy. However it’s not just the physical injury that has affected me but an overall financial one also. My potential income was only partially compensated; my partner’s job was affected reducing her ability to earn whilst she cared for me. Over the past 11 months we found ourselves downgrading cars to cover cost. The financial impact to us has been huge!
A final issue for me is that the defendant has never made any form of contact to share concern, remorse or otherwise. Whatever the defendants view is, his wayward out of control trailer has severely affected my life, my freedom for many years still to come. His action has severely impacted me.
This week the Wellington District Court heard the stories from both parties and the Judge decided to believe the cager more than the police expert witnesses and ruled that the cager was "NOT GUILTY" due to Human Error. I am absolutely gob smacked by this direction. It leaves me without any emotional closure, an empty bank account, a disfigured body with all the inconveniences and the cager is having a hangover of a party tomorrow morning.
Given the ACC rules I don't believe I have any instruments to do something about this unless anyone out there is able to give me a lead or advice.
All I can say is that justice only works for the accused and does nothing for the victims.
Bugger . . . .![]()