Success Stories for Cycling Claims
You are reading our Cycling Claims success stories.
Cyclist recovers compensation to fund future surgery costs
Mr C suffered injury to his shoulder after he was knocked off his bicycle by a motor vehicle. He brought a claim against the driver of the vehicle for compensation for the personal injuries he sustained.
Mr C was examined by an orthopaedic surgeon, who discovered that he suffered from a pre-existing condition in his shoulder, which had been asymptomatic prior to the accident. The accident had caused the pre-existing condition to become symptomatic. As a result, Mr C suffered from significant pain, discomfort and a reduced range of movement.
We obtained evidence which showed that in the absence of the accident, the pre-existing condition would not have become symptomatic. As a result, the Claimant was able to recover the cost of his future treatment needs which included the cost of future surgery. We were successful in recovering £30,000 in compensation for Mr C.
Cyclist suffers permanent injury when hit by taxi
Mr K suffered a fracture to his right wrist when he was knocked off his bicycle by a taxi. Unfortunately, the fracture failed to heal properly and progressed to non union.
We brought a claim for personal injury against the taxi company, as they were responsible for the actions of their driver. As it was considered that Mr K was also partly responsible for the accident, liability was agreed at 80/20 in favour of Mr K. This meant that he would receive 80% of the full value of his claim, as he was considered to be 20% to blame for the accident.
We arranged for Mr K to be examined by an orthopaedic surgeon who confirmed that as a result of the fracture and subsequent non-union, he had already begun to develop degenerative changes in his wrist. Unfortunately, it was considered that these degenerative changes would continue to deteriorate until such time when the symptoms of pain and discomfort would interfere with his ability to work as an IT consultant. He would then require fusion surgery to his wrist.
We were successful in securing £20,000 in compensation, which would enable Mr K to undergo the necessary surgery in the future on a private basis.
Cyclist hit by car suffered dental injuries
Our client had been cycling along a main road when a driver, travelling in the opposite direction, pulled across his path. Our client collided with the car and rolled over the roof. He landed on the ground and sustained fractures to his front teeth and minor injuries to his neck, back and knees.
We notified the driver’s insurers of our client’s claim for personal injury. Liability for the accident was subsequently admitted. We then instructed medical experts to examine our client and prepare reports on the extent of his injuries. Meanwhile we obtained advance compensation payments to assist our client financially.
The dental expert reported that our client’s upper central incisor teeth had been traumatised and that three of his other teeth had been chipped. The expert recommended that our client would need to have two root fillings and two crowns, which would need to be replaced twice in his lifetime.
Following negotiations with the driver’s insurers, we obtained a final settlement of £28,500 for our client. This compensated him for his injuries, his past and future dental treatment costs and also his other financial losses.
Cyclist suffers mild head injury
We represented an architect in a personal injury claim who was seriously injured in a cycling accident.
Our client suffered a head injury, widespread soft tissue injuries and a serious injury to his right shoulder which involved a number of fractures and dislocations. He also suffered psychological injury.
The Defendant driver pleaded guilty to careless driving and received 5 penalty points and a £500 fine. Liability was therefore admitted by his insurer.
As a result of his injuries, our client underwent three surgical procedures to his right shoulder and although his pain improved, he was left with residual difficulties. There was a risk that he would require joint replacement surgery in the future.
One of our client’s greatest concerns was that he felt that the accident had had and was continuing to have a detrimental effect on his career progression as an architect. We were successful in demonstrating that were it not for the accident, our client would have received a promotion within his firm and would have been earning more as a result. We were able to achieve £120,000 in damages to compensate him for his losses.
£1.2m for injured cyclist
We represented a young man who suffered life changing injuries in a cycling accident. Our client suffered very severe crush injuries to his leg, which resulted in a below knee amputation. In addition, he suffered a moderately severe brain injury and multiple fractures in his arm in a road accident.
Our client was cycling to work along a designated cycle path on his way to work. He attempted to cross the road after checking that it was safe to do so. Unfortunately the Defendant was speeding on the wrong side of the road, and an accident occurred. Our client suffered from retrograde amnesia and couldn’t remember anything about the accident.
The Defendant admitted primary liability for the accident, but alleged that our client was 50% to blame because he failed to stop at the give way line, and entered the road when it was unsafe to do so. In order to prove our client’s case, we carried out a site visit where the accident occurred, interviewed witnesses, obtained the police report, and obtained evidence from an accident reconstruction expert. We issued court proceedings against the Defendant. Shortly before the trial an agreement was reached in relation to liability and our client agreed to accept 20% responsibility for the accident.
In view of the catastrophic nature of the Claimant’s injuries, we had to obtain medical evidence from several medical experts.
We arranged for our client to have rehabilitation and private prosthetics which was paid for by interim payments of compensation throughout the case.
We arranged for our client to have financial advice and to set up a special needs trust to protect his entitlement to means tested benefits.
We negotiated settlement for our client in the sum of £1.2m.
Catastrophic injuries for boy on his bicycle
Our client was aged 12 when he cycled from land owned by a local council onto a ‘cycle way’, straight into the path of a moped; he suffered very serious head injuries. Our client’s mother had originally instructed another firm but was dissatisfied with their lack of progress and 7 years later, transferred the case to Bolt Burdon Kemp. We argued that the local council knew that there was a risk of children cycling from their land on to the cycle way and they should have fenced off the land to prevent such accidents happening.
A barrister advised that the claim would not succeed because, with the passage of time, we could not trace witnesses to previous similar accidents. However, we persevered in investigating and ultimately succeeded in obtaining evidence in support of the claim, producing a settlement of liability approved by the court of 70/30 in the Defendant’s favour. Before the accident, our client had been a normal school boy who – when he left school – would have gone into a semi-skilled or skilled manual job and enjoyed normal social interaction and family life. The accident meant that instead he suffered a severe head injury, with fractures to the temporal and basal skull and a subarachnoid haemorrhage. He was unconscious for several weeks and had extensive post traumatic amnesia. Although he made a good physical recovery he developed dysexecutive syndrome with very little insight into his predicament. He was unable to plan ahead or to do more than one task at a time, and also suffered from complex partial seizures with loss of consciousness. We contended for a structured life package involving significant amounts of time devoted entirely to leisure pursuits with short periods of work.
The Defendant made a payment into Court of £165,000, which they later increased to £550,000. This was rejected and by negotiation the Defendant’s offer was increased to £600,000 (the equivalent of £1.8m on full liability), which was accepted and approved by the Court.
Opening car door causes cycling accident
Our client was cycling when the driver of a parked car opened the door and knocked him off his bike. Our client suffered a major head injury and had to give up work. There were complex issues regarding his future earning capacity. He received £500,000 compensation.
Cyclist hit by car on wrong side of the road
Mr X suffered serious head injuries when he was knocked off his bicycle by a car driven by the Defendant. Liability was in dispute throughout. His injuries included frontal lobe injuries which resulted in language and communication difficulties and some intellectual impairment. There were no independent eye witnesses to the accident. Our investigations found a tyre mark on the road which showed that the defendant’s car was on the wrong side of the road at the time of impact. Following negotiations, the claim settled for £350,000.00, which took into account Mr X’s failure to wear a cycle helmet.
Cyclist not wearing a helmet
Mr W suffered very serious head injuries in a road traffic accident when he was knocked off his bicycle by a car being driven in the opposite direction by the defendant. The defendant denied liability, saying that Mr W had turned right across his path, giving him no opportunity to avoid a collision.
There were no independent eye witnesses to the accident and, because of his severe head injury, Mr W had no memory of the accident at all. By carefully analysing the damage to the bicycle and the car, the skid marks and the debris on the road we established that the collision had occurred on our client’s side of the road, while he was stationary waiting for the defendant to pass and that the defendant was to blame. Mr W, unfortunately, was not wearing a helmet and the defendant argued that he was entirely responsible for his own injuries. We obtained evidence from an independent cycle helmet expert and using calculations to determine the speed of the car, established that because of the speed and position of impact a helmet would not have made a significant difference to Mr W’s injuries. The Court approved a settlement of £350,000.00.
Foreign student hit by car
Our client was a German student studying and working part time in England. She was knocked off her bicycle by a car travelling in the opposite direction. She was 20 years old at the time of the accident and sustained a fracture to her right leg and a severe closed head injury. She was flown home to Germany in a coma from which she recovered consciousness about 4 weeks later. She remained in Germany receiving medical treatment and then rehabilitation and re-training. She had difficulties in organising and planning, an unreliable memory and her language and speech were badly affected. She could not continue with her chosen career as an optician but went on to recover £275,000 in damages, taking into account the German law on payment of medical expenses and rehabilitation.
Wheel of bus crushes cyclist’s right arm
We acted for a client who was knocked off his bicycle by a bus. Unfortunately the back wheel of the bus went over his right elbow. He suffered a severe, open, fracture of the right (dominant) elbow involving the humerus, the ulna and the shoulder. He also suffered a large de-gloving injury to the soft tissues of the right arm extending for almost the entire circumference of the arm; and a moderately severe post-traumatic stress disorder. He underwent five surgical procedures including fixation surgery and plastic surgery plus physiotherapy and psychological therapy as a result of the injuries sustained in the accident. He was employed as a landscape gardener at the time of the accident with a view to becoming a graphic designer in the near future. He was unable to work for 6 months. The bus driver was convicted of careless driving; however the insurers raised the issue of contributory negligence, alleging that the claimant was partly to blame for the accident. We issued court proceedings on behalf of our client on the basis that the bus driver was 100% to blame and shortly afterwards negotiated settlement in the sum of £125,000 compensation for our client.
Mother suffers nervous shock after witnessing aftermath of fatal cycling accident involving her two sons
We acted for the mother of two cyclists killed when they were knocked over on their bicycles by a bus. In this tragic case, the mother came across the accident scene moments after it happened as she had arranged to collect the boys who had been on a bicycle ride. The bus driver was prosecuted for causing death by dangerous driving, but not convicted. On the day on question, the road was narrow as a large about of snow had been pushed to the side of the road, the winter sun was very low in the sky and the driver had forgotten to wear his sun glasses. He said he did not see the boys who were cycling in single file ahead of the bus because he was concentrating on staying on the left of the centre white line of the single carriage road. Our client suffered from nervous shock due to witnessing the aftermath of the accident which was extremely graphic and traumatic. This was a separate condition from the grief and bereavement she experienced following the death of her two sons. At the time of the accident our client was employed on a part time basis as a practice nurse. She was unable to return to work and required ongoing psychological treatment. The prognosis from the medical expert was that she would never get over what happened. Obviously no amount of compensation would ever compensate our client for her tragic loss and in such traumatic circumstances. We obtained £122,500 compensation for our client.
Cyclist hit by taxi
Our client suffered a fracture to her lumbar spine and an injury to her coccyx whilst cycling to work. Her bicycle was shunted forward by a taxi, which failed to slow down for traffic lights, and she landed heavily on her lower back. As well as spinal injuries, our client suffered from post-traumatic stress disorder for approximately six months. Following negotiations with the defendant’s insurers, we were able to obtain a settlement of £50,000 on behalf of our client.
Bus driver and motorcyclist to blame for injury
We acted for Mrs A, a cyclist, against two defendants. The defendants were a bus company and a motorcyclist. Our client was simply cycling along when the bus brushed against her causing her to lose her balance and fall from her bike. The motorcyclist then ran over her arm, causing a severe fracture to her elbow. Both defendants denied liability and the case went to trial. We achieved a 100% victory for our client, the blame being apportioned 70% against the bus driver and 30% against the motorcyclist for driving too close behind our client.
Cyclist thrown over handlebars
We at Bolt Burdon Kemp brought a compensation claim for a young woman who was involved in a cycling accident. Our client was cycling to work on a congested London road when a van suddenly crossed her path. She reacted quickly and pulled the brakes hard to avoid a collision and was thrown over the handle bars landing heavily on her chin. She suffered a spiral fracture to her right jaw which had to be surgically fixed. The Claimant had to undergo two operations and a prolonged period of wearing braces on her teeth to correct an open bite that developed as a result of the fracture. Liability was denied as the van driver said that he was edging out waiting to turn right into a drive way when the Claimant saw him, panicked, overreacted and pulled the brake too hard. There was therefore a dispute as to the accident circumstances and unfortunately no independent witnesses. We at Bolt Burdon Kemp obtained £40,000 compensation for our client in this cycling accident.
Cyclist hit by van that turned into his path
Mr M was cycling to an interview when he was knocked from his bicycle by a van that turned into his path. Mr M sustained injuries to his neck, back, elbows, knees and jaw as a result of the accident. He also suffered from an adjustment disorder for 6 months. The case was very difficult to value as Mr M had a number of pre-existing symptoms in the areas that he injured in the accident. These pre-existing symptoms were made worse by the accident for varying periods of time. There were also injuries which were entirely as a result of the accident. We obtained £23,250 in compensation for Mr M.