Cycle Accident Compensation Case Study
Goodge Law acted on behalf of a client on a cycle accident compensation claim. The client was involved in a road traffic accident where he was not wearing a helmet at the time.
What happened to instigate an cycle accident compensation claim?
Our client was cycling along the road exercising his right of way. The other driver exited a side road into the path of the client’s correctly proceeding bicycle, thereby causing injury and loss. He sustained a fractured T1 vertebrae, soft tissue injuries to his shoulder, leg and face necessitating stitches.
Why did we say that the other driver was negligent (responsible)?
We said that she failed to keep any or any proper look out, failed to stop, steer or otherwise control her vehicle so as to avoid the accident, failed to observe or heed the presence of our client’s bicycle, exited a side road into the path of our client’s correctly proceeding bicycle and caused or permitted her vehicle to collide with our client’s bicycle.
What did the insurers say about the bike accident?
The insurers did not dispute that their insured exited the side road but sought to argue that our client was contributory negligent by reason of him not wearing a helmet. Effectively, they were saying that his injuries would not have been as serious had he worn a helmet and that his compensation should be reduced accordingly.
What did we advise in the bicycle accident claim?
We advised that whilst there is no compulsion to wear a helmet, the starting point is to accept that a cyclist who fails to wear a helmet runs the risk of worsening his injuries. Accordingly, it was necessary to establish whether or not the injuries that were sustained were more serious than those he would have sustained had he been wearing a helmet.
What was the outcome of the cycle accident compensation claim?
We were able to source supportive medical evidence stating that the failure to wear a helmet would have had no impact on the fractured vertebrae, soft tissue injuries to his shoulder and leg. As for the facial injury, the evidence stated that had he been wearing a helmet it was probable that he would have sustained a more serious facial or dental injury.
This supportive evidence led the insurers to make an out of court settlement of £15,000 for personal injuries, damaged clothing, loss of earnings, out of pocket and medical expenses. This was the sum that we valued for all his losses.
Goodge Law are specialists in all road traffic accident claims and can be contacted for a no-obligation phone consultation. If you or a family member has been involved in an incident that you do not believe was your or their fault, we can advise if a claim is viable.
We work on a no win-no fee basis so you will never have to fund any part of your claim. Click here to start your accident claim.
Wearing a helmet whilst cycling is not a legal requirement, however you should wear a cycle helmet that conforms to current regulations, is the correct size and securely fastened. Evidence suggests that a correctly fitted helmet will reduce your risk of sustaining a head injury in certain circumstances. For more details please click here.