Serious injury following near miss

MacMerry Junction A199

Richard was out on a training ride on his time-trial bike with two friends in East Lothian early one Summer’s evening. 

He was at the front of the group as they headed West on the A199 which is the main road through MacMerry. 

As they were cycling, a truck approached a junction to their right. However, the truck failed to give way and pulled straight out of the junction in order to proceed West on the A199. Unfortunately, there was nowhere for Richard to go so he had to brake heavily to avoid a collision. In doing so, he went over the handlebars and landed on the road. The truck continued on its path. Fortunately, one of Richard’s fellow cyclists managed to note down the registration number of the lorry as it sped off.

Richard was knocked unconscious when his head hit the ground. He was wearing a time-trial helmet. The Police and Paramedics were called to the scene and Richard was taken to ERI. Fortunately, he had no broken bones but he had sustained concussion, had substantial facial injuries including a laceration to his chin as well as soft tissue injuries to his legs and wrist.

The driver plead guilty to the Criminal charge of careless driving but his insurers, Aviva, refused to admit liability. 

An action was raised in Court and the case finally settled for the sum of £9500 which included a replacement bike and helmet.

Richard was delighted with the outcome and the way that Cycle Law Scotland had managed his case but he was frustrated by the Insurer who had refused to admit liability and thereby simply caused a delay in the compensation process.

Richard’s case demonstrates that injuries can be sustained without directly coming into contact with a vehicle itself. The necessary evasive action and loss of control was caused by the negligence of the lorry driver who had simply not looked before pulling out of the junction. 

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