Cyclist forced off road by a speeding delivery van
We all know that rural roads can present a number of hazards for cyclists. In this case, the dangers were heightened by a Tesco delivery driver who was speeding on a narrow rural road with a number of blind corners and large potholes.
Philip was riding with a friend on an unclassified road which runs parallel to the A702 road between Peebles and Clovenfords. As the cyclists proceeded around a left-hand bend downhill, a Tesco delivery van was approaching at speed from the opposite direction. As uncovered in investigation surrounding the claim, this driver did not have any deliveries to make along this road which begs the question as to why he had chosen this route using the narrow road in a large van.
As Philip rounded the corner, the van maintained its speed and did not yield from its path. This caused Philip to take evasive action to avoid a head-on collision. He veered to the left as the van came towards him and due to the quick and necessary action, Philip lost control of his bicycle and hit the gravel at the side of the road. All the while, the Tesco van maintained its speed and left the scene.
Cycle Law Scotland intimated a claim on behalf of Philip to Tesco as he had suffered some nasty injuries to his hands in his efforts to avoid the head on collision. We knew the rough time of the incident and we also knew that all Tesco delivery vans were fitted with GPS trackers and other technology which provides information about the journey. Therefore, we were able to gather the information required to make a case for compensation for Philip.
Although Tesco initially denied liability, the information provided showed that at the time and location of the incident, the vehicle was “excessively accelerating” and also “cornering harshly”. This information helped enormously with Philip’s claim as it proved negligence on the part of the driver, and on the part of Tesco through vicarious liability.
The driver claimed he was unaware that a collision had occurred, which is negligent in itself in that he had not been taking due care on a narrow rural road. This claim went all the way to the pre-trial meeting where Thomas Mitchell explained what the tracking information showed to the lawyers representing Tesco. A settlement offer was made by Tesco at this point and was accepted by our client.
Our client was delighted with the outcome and left the following review:
“Cycle Law Scotland successfully represented me when I was injured due to reckless driving by a Tesco delivery driver, who left the scene without even slowing down, and then denied any knowledge of the accident that he had caused. The local police were not interested in pursuing the case. There are many instances of injustice in our society where it is not affordable for the injured party to find a path to justice and compensation. Cycle Law Scotland provide an exemplary model of how the legal system can represent everyone, regardless of means. If only law were practised this way in all walks of life.”