ISOLAS LLP Senior Associate Danielle Victor represented the First Defendant throughout complex fatal accident proceedings arising from a road traffic collision which tragically resulted in the death of a motorcyclist.
The matter involved extensive case management, court appearances, expert evidence, and detailed legal argument concerning medical causation and the apportionment of liability between multiple defendants.
The proceedings arose from a road traffic collision on Queensway Road in April 2021. The deceased, a 55-year-old motorcyclist, sustained serious injuries when a vehicle turned across his path, resulting in a collision. He sadly died two days later. The circumstances of the claim required careful and sensitive handling given the loss of life at the centre of the proceedings.
While responsibility for the occurrence of the collision was not, in itself, disputed, the subsequent civil proceedings raised complex legal argument as to causation of the death and, if a causal link could be proven, the extent to which medical treatment provided following the accident contributed to the deceased’s death. The litigation therefore extended beyond the circumstances of the collision itself.
The claim was brought by the deceased’s estate against both the driver involved in the collision and the Gibraltar Health Authority. The proceedings involved extensive medical evidence and expert opinion addressing the relationship between the injuries sustained in the collision and the treatment provided thereafter. The matter raised difficult issues concerning causation, breach of duty and the allocation of responsibility between defendants.
The ISOLAS team, led by Senior Associate Danielle Victor and assisted by Associate Emily Pott, represented the First Defendant throughout the proceedings. The issues raised in the civil proceedings were also considered during a public inquest, which found that the deceased’s death was “a direct consequence of the injuries sustained in the road traffic collision, contributed to by a delay in recognising the intra-abdominal haemorrhage”.
Following detailed analysis of the evidence and extensive negotiations between the parties, the matter was ultimately resolved without the need for a contested trial. The case highlights the complexity that can arise in fatal accident litigation where issues of medical causation are disputed and multiple defendants are involved. It demonstrates ISOLAS’ experience in managing complex, multi-party litigation involving extensive medical evidence, contested legal issues and sensitive factual circumstances, while guiding clients through all stages of the court process.
