Gravely injured cyclist to be compensated
Posted: 7th July 2015
The number of cycling enthusiasts on British roads has ballooned in recent years but so have the number of serious accidents involving them. In one case, a woman who was left in a minimally aware state following a collision with a 4x4 vehicle on a narrow country lane has won the right to multi-million-pound compensation.
The cyclist, aged 58, lost control and fell head first onto the road after the vehicle’s back tyre touched one of the wheels of her bike. She suffered multiple fractures to her skull, ribs and spine and will always be dependent on others for all her care needs. Her lawyers sued the driver’s motor insurers on her behalf.
Ruling the driver 75 per cent to blame for the accident, the High Court found that a prudent driver would immediately have recognised the cyclist as a hazard and stopped so that she could safely pass. She would have had ample time to do that had she properly assessed the risk that the cyclist presented.
The cyclist was ruled 25 per cent responsible for the accident because she should not have been riding so close to the centre of the road. Arguments that her bike was poorly maintained and that she was negligent in failing to wear a cycle helmet were rejected. The amount of her damages had yet to be assessed but is likely to run well into seven figures, even after the 25 per cent deduction.