Case study: £11,000 compensation for cyclist injured in accident
Our specialist cyclist accident solicitors supported a cyclist to claim compensation for injuries sustained after a collision in a road traffic accident.
Circumstances of accident and subsequent injuries
Our client, Mr N, was cycling down the road when the Defendant, travelling in the opposite direction, turned right into a hotel entrance across our client’s path and caused a collision. As a result, our client was knocked unconscious. He also dislocated his left shoulder, fractured his left knee and sustained a cut above his eyebrow, which left a small scar
Our client attended the hospital, where his leg was put in a protective straight leg brace and he was given a sling for his arm. He was also admitted to hospital overnight for observation and fortunately, a CT scan confirmed that his head was not injured.
Submitting a claim
Mr N instructed us to proceed with a claim, which we submitted to the Defendant via the low-value claims portal. However, as no response was received in the initial 15 working day period, the Defendant was allowed the full three-month investigation period from their date of acknowledgement to provide their views on liability.
The Defendant failed to provide their response within this time period so our personal injury team prompted a reply. Finally, the Defendant responded to inform us that they were waiting to receive the police report before providing their reply, as they alleged that our client was cycling in the dark without any lights, reflective clothing or helmet and was therefore not visible to the driver.
The Defendant then instructed their own personal injury solicitors, who made a Part 36 Offer on liability on a 50/50 basis and made an offer of £10,000. This would mean our client was 50% responsible for the accident and would only receive a £5,000 settlement. We responded with an offer of 80/20 split in our client’s favour. Although this took into account the fact it was dark and our client was not wearing reflective clothing or a helmet, it also considered the fact that there were street lights and the car’s headlights would make our client visible to the driver.
Evidence obtained to determine the extent of loss
Our Personal Injury team then began approaching experts to see if they were able to assist us in preparing the medical report.
A report was obtained confirming that his shoulder injury no longer caused Mr N trouble and his knee fracture appeared to have healed well. However, the injury could result in a slightly increased risk of developing problems such as osteoarthritis compared to the average person. The Consultant Orthopaedic Surgeon also confirmed that our client may never regain full muscle bulk in his thigh.
Our Solicitors then worked out his financial losses, including a loss of profit in our client’s business. Whilst there was no actual financial loss to Mr N’s business compared to the previous year, we calculated the likely trajectory given the previous years of trading and the subsequent years after the accident. This took into account that our client might not be able to work at the level of his pre-accident ability. On the basis of this calculation, we were able to accurately evidence the extent of loss to be covered by the compensation settlement.
We disclosed our evidence to the Defendant and they responded with an offer of £11,000 in his hand to include any deductions for contributory negligence, i.e. for the fact he was not displaying any lights, nor was he wearing any reflective clothing. Our client accepted this offer in full and final settlement of his claim.
If you have suffered as a result of a cycling accident that wasn’t your fault, you may be able to claim compensation. Our specialist cycling accident solicitors are experts in supporting clients across the UK from our offices in Bristol and South Gloucestershire.