Cyclist forced off road by negligent driver

Sometimes we have clients who approach us having suffered injury due to the negligence of another driver, even though there has not been a direct collision.

This was the case for Derek who approached us following a cycling accident in July 2021. He was cycling near Raytheon, Aberdeenshire, when he came across a line of traffic travelling in the opposite direction. Derek noticed one of the cars pulling out to overtake and move into the opposing carriageway heading directly towards him.

Derek had only a split second to react and his instinct was to dive to his left to avoid a collision. In doing so, he fell towards the grassy embankment on the left-hand side of the road incurring injury to his chest, neck and leg. His bicycle was also damaged and much of his kit was ruined.

The car that caused Derek’s accident didn’t stop. Fortunately, he was riding with an action camera and was therefore able to identify the vehicle involved and report the incident to the Police. They identified the driver and charged him with an offence.

Derek approached Cycle Law Scotland to progress a claim for his injuries and damage to his bike and kit. Having viewed the footage, we were clear that Derek’s injuries had been caused by the negligent overtake of the driver when it had not been clear to do so. From the registration number of the vehicle shown in the footage, we were able to identify the insurers and intimate a claim. When the footage was displayed to them, they immediately admitted liability on the part of their driver. We were then able to negotiate a settlement for Derek to include his injuries, his ruined kit and the damage to his bike.

We were also heartened to see that Police Scotland had taken the investigation of this incident seriously and the matter had been passed to the Procurator Fiscal for criminal charges. Following an initial not guilty plea, the driver plead guilty to careless driving on the day of the Trial and received 5 points and a £520 fine.

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