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Lee, a keen road racer and time triallist, had been out for a training ride on his lunch break whilst working from home in August 2020 and was only a short distance from home in Ellon when a car travelling in the opposite direction turned right across his path.

There was no way Lee could avoid a collision and he was catapulted into the air landing heavily fracturing his pelvis and back. Lee’s wife was able to rush over to see him briefly before he was taken by ambulance to Aberdeen Royal Infirmary where he spent eight nights in hospital.

Being in hospital at any time is difficult but being in hospital during a pandemic when you cannot have visits from your family and loved ones, is even more so. Thankfully, after eight long nights in hospital, he was able to be discharged home to the care of his wife and kids. However, he still struggled significantly around the house being unable to walk and in a great deal of pain

Lee instructed us at Cycle Law Scotland to represent him in relation to his civil rights arising from his incident. We knew that Lee was determined to make the best of his recovery and get back on the bike just as soon as possible. We were able to intimate a claim to the insurers of the driver that caused the collision and within six days of the incident, we had full admission of liability and an agreement that the insurers would fund rehabilitation for this motivated client whom we knew could make a good recovery with careful rehabilitation input.

We were able to set up an ‘Initial Needs Assessment’ with a Rehabilitation Specialist we are familiar with and whom we knew worked well with active individuals. She was able to put in place plans for his rehabilitation including psychological support, help to allow him to return to work from home, and a smart turbo trainer to allow Lee to progress to return to cycling as soon as he was able. Perhaps, most impressively of all, the occupational therapist was able to source a Wahoo Kickr Turbo Trainer during the pandemic when they were as rare as hens’ teeth! This was delivered to Lee at home so that he could start using Zwift as soon as his physiotherapists allowed.Lee Smith's damaged bicycleKnowing how important Lee’s bike was to him, we arranged for his Focus Mares bike to be assessed by an expert mechanic who was not only able to look at the damage to the frame itself but also place a value on the bicycle to include the many upgrades that Lee had made over the years. We secured a full interim payment for his bike, Garmin, helmet and damaged kit together with his other initial expenses including purchasing a divan style bed which was easier for him to get in and out of. We also investigated Lee’s loss of earnings which related to overtime work that he was unable to do but for the accident. So, whilst he hadn’t lost any of his basic wage, he would normally have expected to undertake overtime hours which he wasn’t able to do. We secured an interim payment so that Lee was not out of pocket for his lost earnings during his recovery.Damage to down tubeOnce Lee’s injuries had recovered and we were better able to assess the full impact of his collision, we were able to obtain medical evidence on his injuries and, in particular, on his prognosis for the future of his ongoing symptoms. Armed with this evidence, we were able to agree a settlement which Lee was delighted with all within ten months of his crash.

There is nothing that makes us prouder as cycling specialist solicitors than seeing our clients being able to get back out on the bike and whilst Lee is still building back up his cycling fitness, we have no doubt that his impressive determination has been the biggest factor in his recovery.

In a show of remarkable fortitude, during his recovery and unable to cycle as much as he would have normally liked, Lee turned his attention to using his considerable experience and provided bike fits in exchange for a donation to Kayleigh’s Wee Stars, a charity based in Aberdeenshire providing financial support to families where a child has a terminal illness. Lee can provide bike fits either outdoors from his garden in Ellon or by video call virtually in return for a donation to the charity. A suggested donation is £60 per bike fit.

You can contact Lee for a bike fit via his email address at freebikefit@gmail.comLee Smith's bike fit and donation to Kayleigh's Wee Stars

At the end of his case, Lee had this to say:-

"Thoroughly excellent service from Roz and the team. No stone was left unturned when it came to my recovery both physically and mentally. The costs are well below the government guidelines for solicitors, too! Thanks for making my recovery as easy as possible considering how I started out."


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