Case studies are often helpful so that injured cyclists can relate to what has happened to other cyclists, whether their circumstances were similar to your own, how their cases were handled and the eventual outcome.
Alan came off his bike when he hit a deep pothole which could not be seen as it was submerged in water. He suffered significant injuried as a result of his fall. Consultation with local bike clubs revealed that there had been a number of incidents at the locus outside the entrance to the SSPCA near Drumpoak, Aberdeenshire. FOI requests showed that the Council had known about the defect but had decided to do nothing about it. They denied liability right up until the day before the case was due to be heard in Court where they agreed on a settlement sum which had been proposed to them 4 months previously.
Colin came off his bike suffering a broken collar bone and concussion when he crashed onto the railway tracks. The signage to warn of the presence of the level crossing did not give him enough time to slow down and dismount. Colin discovered that he was not the first. In fact, it was a regular occurrence. Read how we helped Colin secure a favourable compensation settlement inspite of the dismissive replies he received from both Network Rail and the Transport Minister.
Ben was on a training ride on his Dolan Aria TT bike when a car suddenly exited from a junction into his path. He took evasive action by grabbing the brakes to avoid a collision and in doing so fell from his bike suffering some very nasty road rash and an injury to his shoulder. The car driver's insurer refused to admit liability and the partial offers for settlement were not sufficient compensation for Ben given the impact the collision had had on his racing career and general well-being. Read the case full case study to see what the Sheriff ruled when the case went to Court.
David was knocked off his bike and injured when a car pulled across his path at a 4-way junction in Edinburgh. The insurer refused to admit liability claiming that David had accessed the junction from a road which had restricted access due to ongoing roadworks. Read the case study to see the arguments and find out the final result.
Sometimes in life, what appears to be a small event can have a life-changing impact as one thing leads to another. This was the case for Philiipe who was knocked off his bike and subsequenlty lost his job. It did not help that he was being represented by a solicitor who was not really interested in him or in progressing his case. When he approached CLS, he had a very different experience.
Dougie, a mad keen cyclist, was riding to work at Ahlstrom Chirnside Ltd paper mill as he had done daily for the past 32 year. However, on this day as he turned right into the plant, he was hit side on by a car coming from behind him on the opposing carriageway. Dougie suffered severe injuries and faced a long recovery.
Lee, who is a keen road racer and time triallist, was out on a lunchtime training ride when a car suddenly pulled across his path causing him to be catapulted into the air. He fractured his back and pelvis and spent 8 days in hospital. A tailor-made rehabilitation plan was always going to be important for Lee in order to recovery both physcially and mentally from the collision. Read how we helped Lee get back to full fitness and successfully settle his case all within 10 months of his crash.
David was out for a cycle on a route on the outskirts of Dundee when he was passed by a group of motorcyclists. Several passed him safely but the last biker thought it would funny to put out his hand and shove the cyclist as he went by. Unfortunately, as a result of the shunt, David fell from his bike onto the road and was injured. The Police did not believe David's account of what had happened and the motorcyclist could not be traced. We were able to use the MIB (Motor Insurers' Bureau) untraced drivers scheme and get compensation for David.
Philip was riding with a fellow cyclist on an unclassified road in the Scottish Borders when a speedingTesco van approached. The van did not slow down or veer from its path and forced Philip to take evasive action and fall from his bike onto gravel on the road. Tesco initially denied liability but based on the evidence from the van's GPS trackers, we were able to show that the driver had been excessively accelerating” and also “cornering harshly."
Richard was knocked off his bicycle on a roundabout when a car entered from the left and knocked him to the ground. Richard suffered both physical and concussive injuries. The latter had an impact on his ability to work. On top of this, Richard also suffered psychologically and developed a fear of cycling which was caused as a result of suffering PTSD (post traumatic stress disorder). Read how we helped Richard to recover and enjoy cycling once again.
Chris was cycling around Crowwood roundabout when a car entered the roundabout from his left, collided with him knocking him off his bike and injuring him. All the evidence pointed to a collision with the front right of the car, but bizarrely the car driver (and his wife) said that the cyclist had ridden into the front of the car. The case ended up in Court but fortunately the Sheriff believed the cyclist's account of what had happened and not the car driver!
Colleen always had a passion for cycling. She would commute to work, go on long rides sometimes up to 100 miles and also enjoy cycling holidays with her husband. However, a dooring incident one day in Edinburgh changed all that due to the psychological trauma which she experienced as a result of the collision. Whilst her physical injuries healed quite quickly, her psychological issues required some cognitive behavioural therapy which we were able to have included as part of her overall claim.
Fiona who is a confident, experienced cyclist and has achieved podium placings at a number of sportives, was cycling a short distance home from work on the A87 near Kyle in the North West of Scotland. She was travelling around 20mph on a straight and open road in clear visibility and dry conditions when suddenly a car drove directly into her from behind. However, the most unbelievable thing in this case was the attitude of the Insurer! "Let's engage a defending Solicitor rather than fully compensate for a new cycle helmet?" Read the full case study >>>
Sharon was cycling in Edinburgh and narrowly managed to avoid a collision with a taxi at a junction. Astonishingly, the taxi then reversed into her knocking her from her bike and injuring her ankle. Sharon did not consider making a claim at the time but following a seminar on 'Cycling and the law' given by CLS Partner, Jodi Gordon, Sharon decided to pursue a claim as he was still suffering both physically and psychologically as a result of the incident.
David was cycling in Edinburgh when he hit a large pothole which was partially concealed behind a speed bump and was thrown onto the road. The defect was an actionable defect and it transpired that the Council had known about the potholes on the road due to reports from others but had chosen to do nothing about it.
Stella from Carnoustie was out for a cycle when her front wheel became caught in a wide slot on the railway crossing at Carnoustie station and she was flung from her bike. With the help of Cycle Law Scotland, Stella successfully claimed against Network Rail but it was not straightforward. They argued that she should have dismounted from her bicycle but we discovered that Network Rail were aware of the defect in the rubber matting but had chosen not to repair it.
Andrew was cycling on a training ride with friends one evening when he was catapaulted off his bike after hitting a massive pothole (more like a crater), which was disguised as it was full of water. The Council denied liability but inspection records just 3 days prior to the incident did not highlight the existence of the pothole and an urgent need to fix it given its size and depth. Andrew was wearing a headcam so the incident was recorded along with some useful footage showing measurements of the defect recorded the day after his incident.
Brian was cycling in Glasgow when an Audi collided with him when it failed to give way at a junction. Fortunately, both cyclist and bike were not too badly damaged and so no claim against the driver was pursued. 6 months later, Brian was asked to pay £1500 for damage he had caused to the Audi.
Read the full case study >>>
Hass was cycling in East Lothian and proceeded around a roundabout towards the third exit when a car entered from the second exit on his left and failed to give way. It knocked him off his bicycle causing him to suffer a nasty fracture to his left knee.
Nat Essayas suffered both physical and psychological trauma when a careless car driver cut a corner at a junction in Glasgow and wiped him out as he was waiting to turn right.
Hussein was cycling to work when a car suddenly changed lanes without looking and knocked him from his bike. The insurer tried to argue that the collision had been caused when Hussein had collided with the back of their policyholder's vehicle following his chain coming off!
Gillian was hit from behind not long after joining a fast 'A' road and catapulted from her bike. The car's nearside mirror came off on impact but the driver never stopped. The Police traced the vehicle but could not confirm who had been driving the vehicle. The Insurance company refused to admit liability and so the MIB were involved. Unbelievably, they argued that Gillian had been 15% responsible for the collision.
Judy was cycling along a paved cycle path when suddenly she heard a loud bang followed by an instant flat front tyre causing her to become unstable, fall from her bike and hit the ground with her shoulder and head. As a qualified bike mechanic, she knew that this was an unusual event and so she approached Cycle Law Scotland to see if we could help.
Eric was cycling to work along Byres Road in Glasgow. There were parked cars to his left and as he approached level with the rear bumper of a parked vehicle, suddenly the driver’s door opened into his path. Eric was thrown from his bicycle through the driver’s door window and landed on the road. Eric sustained multiple injuries but when we intimated a claim against vehicle's insurer, they denied liability saying that the door was already open and their policyholder had been retrieving an umbrella from the back seat.
Pier was cycling to work in Edinburgh when he was overtaken by a vehicle which failed to leave sufficient room and clipped his bicycle but fortunately didn't knock him off. Just after the incident further along the road, the lights ahead turned to red and so the car had to stop and wait. Pier decided to cycle alongside in order to speak with the driver and let her know that she had hit him. As he was about to speak with the driver, the lights changed to green. The car then reversed before driving directly and deliberately at Pier making contact with his right foot and bicycle. Read the full story >>>
Michael was out for a leisurely cycle on his carbon fibre road bike in July 2017. He was cycling down the ‘Paddy Slacks’ in the Scottish Borders when he saw a taxi sitting stationary on the right-hand side of the single-track road. As he approached, the taxi turned left across his path in order to enter a farm track. Michael was unable to take any evasive action and collided with the front nearside of the taxi before being thrown from his bicycle and sustaining a fractured collar bone. Michael expected the compensation claim process to be relatively straightforward as the driver appeared to be apologetic and had not indicated when commencing his left-hand turn. This proved not to be the case.
Tommy was riding his bike near Peterhead when a van passed so close to him that the backdraft knocked him off his bike. The driver failed to stop. Fortunately,Tommy had a Fly6 camera on his bike and had recorded the incident. He passed it to the Police who subsequently managed to lose the footage. Following a complaint to Police Scotland, the footage was recovered but it was too late to press criminal charges. It was not too late, however, to raise a Civil claim against the van driver which was eventually successful.
Tina is a keen road cyclist and had been out for a training ride with her partner on 19 May 2018. She was cycling along the B6372 from Temple to Gladstone. Whilst navigating a long stretch of particularly poor road surface, her front wheel fell into a deep pothole causing her to be thrown from her bicycle and sustain a painful shoulder injury. She was taken by ambulance to hospital and her Canyon Aero Road was written off.
Year round cycle commuter, Chris, was cycling to work in the early morning of 20 December 2018 on his Mango Point Blank single speed when he was knocked off his bike sustaining injuries. In this case, the Insurers acted promptly – admitting full responsibility for Chris’s accident within 10 days and making full payment in respect of his bicycle and damaged cycle wear.
Pavel Razek, a keen mountain biker, was on a training ride on his road bike when a car pulled across his path and he was knocked off his bike. This case was settled within 5 months which shows that sometimes cases can be relatively straightforward which is good for all concerned.
Alan was knocked off his bicycle when a car driver, who had been parked on Easter Road in Edinburgh, just pulled straight out in front of him without looking. He was catapulted off his bike and landed heavily breaking his nose and injuring both legs. As well as his physical injuries, Alan suffered psychological trauma but the third party insurer was keen to settle his case.
George was on his way home from a training ride when a car, travelling in the opposite direction, failed to give way and pulled across his path.
However, the insurers refused to admit liability stating that the filter light had been on green for their driver to proceed through the junction. They argued that George’s traffic lights must have been at red and therefore he had been in the wrong. Consequently, they were unwilling to pay out any compensation.
Andrea was cycling in Shetland when a van suddenly pulled out from a side street and t-boned her. She suffered life-changing injuries and a long road to recovery. The claims process was also challenging but CLS held firm to ensure Andrea received a full and fair settlement.
Jonathan was cycling home from work along Market St, in Dyce, Aberdeen when a car driver opened his door straight into his path resulting in him fracturing his clavicle, breaking two ribs and puncturing his lung.
This case is an example of how insurance companies can often dig their heels in and proceed with an alternative version of events. This can happen even with cases that appear ‘simple’ and ‘straightforward’ at the outset. Cycle Law Scotland were able to fund this case from start to finish on behalf of Ronnie to allow him the time and space to recover from his injuries and return to cycling.
Kieran was involved in a hit and run incident on his bicycle in June last year. He was cycling home from work on London Road in Edinburgh. The third party vehicle was travelling in the opposite direction and suddenly turned across his path in order to enter a side road. Kieran attempted to take evasive action, but was unable to avoid colliding with the car.
Stuart was involved in a hit and run incident on his bicycle as he was riding to an evening class. It was a clear, warm and dry evening. The case was reported to the Procurator Fiscal but it was decided there was insufficient evidence to proceed against the driver. The Civil claim was a different story, however, especially when Cycle Law became involved.
John was knocked off his bike at a roundabout. His serious head injury was not diagnosed at the time but the 'racoon eyes' he developed and the change in his personality were clear signs that not all was well. Cycle Law Scotland took over his case from a firm of Solicitors in Glasgow who were not specialists. A consultant neurologist was instructed and reported on the full extent of John's injuries. John's case was finally settled for 4 times the £12000 sum opined by an Advocate prior to Cycle Law Scotland taking over the case. Read John's full story and find out how Brenda Mitchell helped him.
Dougie was cycling along Leith Street on a Summer's evening when a passenger of a car in the outside lane suddenly opened the door into his path. Dougie immediately broke his right index finger and hit the door with his shoulder taking the full force. His bike was a "write-off' and he was faced with a battle with the driver's insurance company to secure compensation for his injury, damage and loss.
A cyclist was cycling alone on the A77 in a Northerly direction between Kilmarnock and Fenwick when he was hit from behind by a car which did not give him sufficent space when passing. Initially, the injuries sustained did not appear to be too bad given the circumstances, but certain neurological issues started to manifest themselves which brought additional complications to the case.
Sally Nicol was badly injured when she fell off her road bike after colliding with the rear wheel of the rider in front of her. They were riding in chain gang formation when he had to brake to avoid an HGV lorry which suddenly moved forward from the nearside verge into their path. Liability was not admitted by the Polish insurer and the case ended up in the All-Scotland Sheriff Personal Injury Court (ASSPIC).
Harriett, stationery in a cycle lane next to the advanced stop line at a junction, cycles on when the lights change but suddenly has her rear wheel clipped by a driver pulling to the left. The car driver and, subsequently their insurer, refuse to admit liability and a lengthly battle ensues.
Frank was knocked off his bike when a driver opened his door into his path. Unfortunately, due to the shock and confusion caused by the incident, Frank never got the driver's car registration number nor his insurance details. Thankfully, CLS advised him that a claim for his injuries could still be progressed under the Motor Insurer's Bureau Untraced Drivers' Agreement.
Douglas was cycling home from work when a car driver pulled straight across his path. He woke up in hospital and had no recollection of what had happened. Fortunately there were some witnesses who were able to help the Police. The car driver's insurer refused to admit liability and would not release an interim payment prior to the criminal trial.
John was cycling to work when a car decided to cut the corner giving him nowhere to go. Fortunately, John was wearing a headcam and recorded the incident.
Ewan was cycling home in Aberdeen when a car suddenly pulled across his path at a junction. He could not avoid it and was injured when he fell from his bike. The car driver initially tried to fob him off with an incorrect registration number but Ewan's headcam video provided the evidence that was needed to settle his claim.
Not all cases that we investigate involve collisions with motor vehicles. There are times when cyclists fall foul of inappropriate road signage and road surface defects. Read what happened to Jim and how we successfully settled his claim against Scottish Borders Council.
Joe, a keen recreational cyclist, fell from his bicycle as he crossed an old railway bridge that had been incorporated into a cycle path in the Midlothian area. His Trade Union nominated solicitor turned down the case as they thought his chances of success were small, so he came to Cycle Law Scotland to see if we could help him.
A taxi pulls out from a junction without looking and knocks Andrew from his bicycle. The incident is caught on headcam and the driver admits liability. However, his insurer refuses to provide a sensible offer.
Brian suffered a nasty injury to his right leg when a car driver pulled out from a junction and collided with him. Despite Brian riding with no lights, he was awarded full damages because the driver was looking in the opposite direction and there was no evidence to show that Brian had not been visible.
An initial verbal altercation between a car driver and a cyclist leads to a subsequent incident where the car driver suddently braked causing the cyclist to collide with the rear of the vehicle.
Cyclist, Jennifer Wallace, spent her 49th birthday in Intensive care after a 78 year-old driver caused her to fall off her bike. Jennifer sustained ten broken bones in her neck and spine, fractured ribs, a collapsed lung and a significant head injury.
A roller coaster ride to justice.
David experienced a roller coaster ride before successfully claiming compensation from the Council when his bike entered a very deep pothole and he was thrown to the ground suffering multiple injuries.
John was knocked off his bike at a junction and was injured. The driver admitted liability but the insurer tried to undersettle the case.
Richard suffers a serious injury when a lorry pulls out in front of him and he has to take evasive action causing him to lose control and fall off his bike.
Edinburgh based Chris Reid was cycling to work early one morning when he came across a newly resurfaced part of the cycle path. However, the "anti-skid" surface was more like a skating rink resulting in him crashing from his bike. Read the full story and how City of Edinburgh Council responded.
Celia put our her arm to indicate that she wished to turn right but her signal was not seen by the bus driver.
Peter was established on a roundabout when an unmarked Police car entered without giving way and collided with him.
Gail was cycling her bike in Edinburgh Park when she was suddenly hit from behind by a car as she approached a roundabout.
David was thrown from his bike after coming into contact with a metal expansion joint which the Judge viewed to be a hazard the Council should have removed.
Dooring incident becomes tricky when driver creates false scratch on car in an effort to deny liability.
A taxi driver takes offence at a cyclist and knocks him off his bike but loses his licence and his livelihood for 2 years as a result.
Cyclist injured following fall due to diesel has Police Scotland to thanks for tracing the source.
Taking photographs at the scene of a crash are invaluable as Walter's case highlights.
Alex Gibson was knocked from his bike by a minbus driver who told the Police that Alex had veered into his path.
A cyclist is badly injured when a taxi pulls across his path but the Police fail to report it to the Procurator Fiscal.
A dog rushes out knocking a cyclist off his bike causing serious injury. Read what happened and how we progressed his compensation claim against the dog's owners.
The driver of a lorry fails to give a cyclist requisite room when passing causing him to fall off and badly injure himself.
A cyclist is seriously injured when a car driver pulls across his path. Despite being charged with careless driving by the attending Police Officer, the Crown office decide to waive the charge.
A couple who had just taken up cycling to keep fit had a nasty experience when a passing car pulled in front of them suddenly braking and causing Mr S to smash into the rear window. Read what happened to his wife and what the car driver said.
A cyclist is knocked off his bike when a car driver opens his door but insurer refuses to settle his claim saying he had been speeding.
A triathlete is out for a training ride on his carbon fibre racing bike when a car pulls straight out at a junction and into his path.
Former BMX rider, Dagmara Polokova was knocked off her bike at a roundabout. Unfortunately, the motorist who was initially helpful, suddenly started to become very unhelpful and denied liability.
Driver cuts across cyclist but only leaves name. Injured cyclist tracks him down on FaceBook.
Hit from behind.
MIB (Motor Insurers Bureau) pay out for uninsured driver via their uninsured driver scheme.
Spurious accusations lead to delay in compensation payments. Car pulls across cyclist's path but is subsequently accused of going through a red light.
Driver refused to provide insurance details.
Motorist claimed that the cyclist ran the red.