Cyclist should expect accidents...
On the 10th November 2013, our client was knocked off his bike on the A77 by a negligent driver.
Conditions were bright and sunny and the cyclist was cycling alone in a northerly direction between Kilmarnock and Fenwick. Two cars passed leaving him plenty of room. He was then hit in the rear by the third car travelling at 60mph.
Imagine his dismay when, dazed, confused and lying at the side of the road, the driver initially blamed the wind, although later apologising and admitted striking him.
The officer who attended the scene effectively told Stuart that he should expect accidents as a cyclist! Only after Stuart had made a formal complaint, did a more senior Police Officer follow up on the case and charge the third party with careless driving. Although criminal prosecution is not necessary to secure civil liability, it does often assist with proving negligence on the part of the driver. A compensation claim is a Civil matter but unless we have a robust Criminal Justice system, what hope is there for cyclists’ safety?
Stuart attended hospital where he was diagnosed with having sustained various soft tissue injuries and flesh wounds. His bicycle and bicycle kit were all damaged to the extent that they would need to be replaced.
However, a short time after the incident, Stuart experienced various neurological symptoms. Cycle Law Scotland instructed a number of specialists to examine Stuart. Having admitted liability, the driver’s insurers agreed to fund a series of treatments to help Stuart.
The claims process was a very long and difficult one for our client but the nature of his injuries meant that proposals for settlement could not be rushed. We finally settled the claim and our client was very pleased with the services he had received. He remarked in an email to his Solicitor, Jodi Gordon, “I have nothing but gratitude for you and Cycle Law Scotland.”