Steve Mercer ‘out of court settlement’ with Isle of Man TT after marshal ‘error’

Steve Mercer has settled his claim against the Isle of Man TT organisers out of court, it has emerged, after his serious injuries six years ago.

TT rider Mercer was allowed to travel back to the grandstand, after a red flag, the wrong way around the Mountain Course in 2018.

He hit a course car at 100mph, which was travelling in the opposite direction towards the crash which tragically killed Dan Kneen.

The TT official behind the wheel of the course car, Shaun Counsell, has been in court after making a claim against the race organisers ACU Ltd and ACU Events Ltd.

Counsell is claiming up to £100,000 for personal injury and losses.

During Counsell’s time in court, it was explained that Mercer has settled his own grievance.

“Proceedings were issued but it was dealt with by way of an out of court settlement,” the ACU’s advocate Vicki Unsworth was quoted by Isle of Man Today.

“There was an admission of liability.”

Injuries to Mercer included pelvic and leg issues, a broken ankle, heel, vertebrae, a fractured larynx, and neck damage which prevented him breathing without support.

The ACU’s advocate admitted an “error on the part of the marshal” who released the drivers.

Counsell, meanwhile, has been diagnosed with post-traumatic stress disorder and anxiety after the incident, the court was told.

Counsell’s claim is: “The claimant proceeded to the red flag incident travelling in the direction of the course.

“After Ballaugh Bridge, on the approach to Ballacrye, without warning an unexpectedly, four competitors passed the claimant’s vehicle on the left hand side.

“The racers were travelling at speed in the opposite direction of the course.

“The claimant attempted to reduce his speed and manoeuvre his vehicle out of racing lines over to the right hand side.

“As the claimant reached his radio, which was fastened to his chest, to contact Race Control, a fifth competitor, Steve Mercer, collided head on with the front of the claimant’s vehicle.

“This incident happened in a matter of seconds.

“The claimant exited the vehicle and ran to where Mr Mercer had landed to provide emergency first aid treatment.

“The claimant carried his medical box with him to Mr Mercer and removed his helmet to secure his airway.

“Another competitor and a police sergeant assisted in treating Mr Mercer.”

Counsell is quoted as saying: “Had it not been for my actions that day, Mr Mercer would not be here today.

“There were three radios in the car, all they had to do was shout down the radio and I would have stopped immediately. They had time. I know they had time.

“Had that happened Mr Mercer would not have sustained life-changing injuries.”

The ACU argue that Counsell’s claim was made six months later. Claims must be made within three years of knowledge of an injury.

The ACU ordered an internal investigation after the 2018 accident.

It led to major changes with the organisation of the TT.

But neither Mercer nor Counsell have ever seen the report.