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UK Cycling Accident Claims

In the UK, cycling accident claims occur frequently when a cyclist has been injured in a road traffic accident for which another road user was at fault. However, many cycling accident claims in the UK can also be made against local councils or utility companies who have failed in their duty of care to maintain the highways in a safe condition.

Where UK cycling accident claims become complicated is when a negligent driver fails to acknowledge his lack of care or accidents occur because of more than one liable party – for example if a cyclist has been hit by a car after taking evasive action to avoid a fault in the road.

Make sure you have a full assessment of your entitlement to make UK cycling accident claims by calling our freephone injury claims advice service. Your call will be handled in the strictest confidence and there is no obligation on you to proceed with UK cycling injury claims once you have spoken with us.

Concerns Raised about Future Cyclist Injury Claims

December 21, 2016

The British Cycling Federation has raised concerns about proposed whiplash compensation reforms and the impact they will have on cyclist injury claims.

Last month, Justice Secretary Elizabeth Truss announced that a series of reforms were being considered that would “crack down on minor, exaggerated and fraudulent [personal injury] claims”. The proposals are intended to address the perceived compensation culture that is allegedly responsible for inflating car insurance premiums. However, if adopted in their present state, the reforms will affect not only drivers and passengers with whiplash injuries, but all personal injury claims.

One of the most significant proposals is to increase the threshold for “small claims” from £1,000 to £5,000. Legal costs cannot be recovered from the negligent party in “small claims” and several organisations are concerned that the costs of seeking professional legal advice will deter many genuine claimants from taking legal action to recover compensation – or attempt to get a fair settlement from insurance companies without legal assistance.

One such organisation with concerns about their members´ access to justice is the British Cycling Federation. The Federation has produced statistics showing that 70 percent of cyclist injury claims are settled for less than £5,000. It also argues that its members could lose their entitlement to legal support because insurance companies want the government to do something about the volume of whiplash claims they process.

Martin Key, the Campaigns Manager for the British Cycling Federation, said: “This is a disappointing set of proposals, and we felt the need to speak out publicly on behalf of Britain’s cyclists as well as submit our own response to the consultation. “The vast majority of injuries sustained in cycling incidents are valued at under the proposed £5,000 limit, meaning that – under the new proposals – any cyclist involved in an incident would find it very difficult to get legal representation and therefore to be adequately compensated for their injuries.”

The British Cycling Federation is also unhappy that the consultation process for the proposed reforms runs over the Christmas period. It says that the January 6th deadline for responses to the proposals does not allow enough time for the broad number of issues affecting cyclist injury claims to be raised. The Federation will be submitting its response before the deadline, but is asking the Ministry of Justice to re-think both the proposals and the deadline for responses.

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Claims for Injuries due to Defective Street Lighting Increase

October 31, 2016

Claims for injuries due to defective street lighting have increased in Northern Ireland according to the province´s Infrastructure minister Chris Hazzard.

Mr Hazzard was responding to an Assembly question from East Belfast UUP MLA Andy Allen when the minister revealed that there were sixteen claims made against the Department of Infrastructure last year in which defective street lighting was primary responsible for an injury being sustained.

Settlement of the claims for injuries due to defective street lighting amounted to £59,000 – a fifteen-fold increase from two years ago when there were just three claims settled. The figure represented a three-fold increase from 2014/15, when twelve claims for injuries caused by defective street lighting were settled.

The minister said there may be other claims made against the Department of Infrastructure in which defective street lighting was a contributory factor, but it was not possible to identify these in the department´s database. The minister also agreed that the figures related only to compensation settlements, and that there may be other legal and administrative costs to account for as well.

Defective street lighting is a hot topic of debate in the Northern Ireland Assembly. In 2015, members of the Assembly raised concerns about the number of complaints relating to defective street lighting they were receiving from their constituents. It was found that 17,888 street lights were not working and that around a third of all the province´s street lights were turned off at night to save money.

More than £2 million was spent fixing the defective street lighting, and a further £1 million was added to the department´s budget in June for investment in cost-saving LED street lighting. The minister said that of 48,000 street light outages reported over the last 12 months, 42,500 have already been repaired. The replacement of the existing street lighting with LED lights is an ongoing project that is expected to conclude next year.

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Girl Awarded Undisclosed Compensation for Road Rage Injuries

August 29, 2016

A girl, who was seriously injured when run over by a dangerous driver, has been awarded an undisclosed settlement of compensation for road rage injuries.

In June 2012, Emily Kirwin was just four years of age when she was riding in the trailer of her father´s bicycle, as he and Emily´s mother were cycling near their home in North Cave, East Yorkshire. As the family cycled along through Yorkshire Wolds, a Range Rover driven by Carl Baxter drove past dangerously close to them.

Emily´s father – Stephen Kirwin – shouted at Baxter and raised his fist in anger. Baxter retaliated by reversing his vehicle at speed into Stephen´s bicycle – crushing both Stephen and Emily. Stephen suffered broken ribs, a broken pelvis and a broken leg. Emily´s injuries were so serious that three passing nurses who stopped at the scene initially thought she was dead.

Emily was taken to hospital in a coma, where she remained unconscious for six days. Among her many injuries were a broken jaw, a broken nose and blurred vision. She was unable to walk for several weeks and had to undergo regular check-ups through her childhood to identify any brain damage that had occurred.

In 2003, Baxter was jailed for two years after pleading guilty to two counts of inflicting grievous bodily harm, dangerous driving and failing to stop at the scene of an accident. He was also banned from driving for two years.

The family refrained from claiming compensation for road rage injuries on Emily´s behalf until they received a final confirmation that there was no long-lasting injuries. When the claim was made, Baxter´s insurers admitted liability and the claim was settled for an undisclosed five-figure amount.

Speaking with her local paper, Emily – now eighteen years of age – said: “In a way it was worse for my parents because they witnessed the accident, whereas I can only remember waking up in hospital.
My face is still slightly distorted, but fortunately for the most part I have made a good recovery.”

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Claim for Cycling Accident Injury Compensation Resolved

July 5, 2016

A woman, who suffered multiple injuries when the brakes on her rented bike failed, has resolved her claim for cycling accident injury compensation.

In July 2013, Phyllis Bright (21) travelled up to the Peak District with her boyfriend to enjoy a day of cycling. The couple rented bikes from the Peak District National Park Authority´s visitor centre in the Fairholmes car park and then set off in the direction of the Upper Derwent Valley.

However, as the couple were descending a hill towards the Abbey Brooke Bridge, Phyllis – a student nurse from Lincoln in the East Midlands – realised that the brakes on her bicycle were not working and leapt from her bike to avoid crashing into the stone wall of the bridge.

As the result of hitting the ground at speed, Phyllis suffered cuts and bruises to her chest, legs and arms, and a jaw injury. She was taken to the Northern General Hospital in Sheffield, where she received treatment for her injuries and stitches for the cuts to her hand and chin.

After seeking legal advice, Phyllis made a claim for cycling accident injury compensation against the Peak District National Park Authority, alleging that the bike she had rented had not been properly maintained. The authority acknowledged liability and a four-figure settlement of her claim was agreed.

Speaking with the Sun newspaper after her claim for cycling accident compensation had been resolved, Phyllis said: “I’m glad I can now begin to put this all behind me and move on with my life after receiving a settlement from the park authority.”

She added: “Realising I had no brakes halfway down a steep hill with a stone bridge at the bottom of it was a scary experience. I never thought I’d end the day in an ambulance on the way to hospital with cuts and bruises all over me. The accident has left me with a number of scars that act as a long-term reminder of what happened and I really struggled to eat and sleep afterwards.”

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Cyclist Settles Injury Claim for a Bike Accident with a White Van

May 26, 2016

A cyclist, whose injury claim for a bike accident with a white van was contested by the van driver´s insurers, has now successfully resolved his claim.

In May 2015, Walter Hamilton was cycling on the outskirts of his home city of Edinburgh, when he was hit by a white van turning right immediately in front of him. Walter was knocked off of his bike and suffered cuts to his face and a serious knee injury as a result of the accident.

According to Walter´s version of the events after the accident, the driver of the white van was very apologetic and admitted that the accident had been his fault. However, when Walter approached Aviva Insurance with an injury claim for a bike accident with a white van, the driver had given his insurance company a different version of events – and supported it with staged photographs.

Relying on the van driver´s account of the accident, Aviva Insurance denied their policyholder´s liability for Walter´s injuries and contested the injury claim for a bike accident with a white van. Fortunately, Walter had taken his own photographs of the accident scene and, after seeking legal advice from a solicitor, launched legal action against Aviva Insurance.

After reviewing Walter´s photographs of the accident scene, Aviva Insurance admitted liability but tried to get Walter to accept a settlement much lower than his injuries entitled him to. A court hearing was set for June 14th for the assessment of damages but, less than three weeks before the hearing was due to take place, Aviva Insurance agreed to a £17,000 settlement of Walter´s injury claim for a bike accident with a white van.

Walter´s solicitor believes that the van driver had produced staged photographs in order to protect his no claims bonus, and criticised Aviva Insurance for their attempted third party capture. She added: “Walter’s case also shows the importance of taking photos. If possible, photos should be taken immediately following a collision, as these are the best evidence in supporting a particular version of events. Insurance companies often try and under-settle cases by putting forward low offers as they did initially in Walter’s case, but a fair level of compensation was fought for and won.”

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Court Awards Compensation for Injuries in a Cycling Accident

April 12, 2016

The Court of Session in Edinburgh has awarded an agreed settlement of £100,000 compensation for injuries in a cycling accident after establishing liability.

Fifty-two year old David Robinson was cycling with eleven other members of the Edinburgh Cycling Club along the A701 near Broughton when – on 1st December 2013 – he led the group of riders towards the bridge crossing the Biggar Water.

As David approached the bridge, the front wheel of his bike stuck in a metal groove in the road surface. David was thrown from his bike and landed on his right arm – sustaining multiple cuts and bruises, soft tissue injuries and fractures to his wrist and elbow.

A subsequent investigation into the accident discovered the groove in the road surface was caused by a joint between an old masonry arch and a newer concrete construction and it was one of several that sat proud of the road surface and caused a hazard.

David claimed compensation for injuries in a cycling accident against Scottish Borders Council – who contested the claim for compensation on the basis that the metal groove did not constitute a defect, and that David´s accident was more likely due to his own lack of care.

Despite the dispute over liability, an assessment of David´s injuries was conducted. It was agreed that if Scottish Borders Council was found negligent, David´s settlement of compensation for injuries in a cycling accident would amount to £100,000.

When the case went to the Court of Session, Lady Wolffe was told that the metal groove would not have been proud of the road surface if roadworks conducted by the council in May 2015 had been completed competently. The roadworks, it was claimed, should have brought the level of the tarmac on the road up to or above the level of the exposed joint.

The judge found in David´s favour – dismissing the council´s argument that David should have taken more care to prevent his accident. Lady Wolffe said there was no evidence to support allegations that David was riding inappropriately “in either speed or manner, having regard to the weather and road conditions”. The judge then confirmed the settlement of compensation for injuries in a cycling accident at £100,000.

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Liability Admitted in Claim for a Cycling Accident in France

February 29, 2016

The insurers of a French motorist have admitted their client´s liability in a claim for a cycling accident in France made by a man from the West Midlands.

In August 2015, Christopher Brody (47) from Sutton Coldfield was enjoying a week´s vacation with his wife and two sons in Brittany, when he was hit by a camper van while on a cycling tour. Because of the way he fell, Christopher was dragged underneath the camper van and suffered horrific injuries.

Christopher was taken to hospital in Brest, where he underwent surgery for a fractured pelvis and was treated for nine broken ribs, a fractured right wrist, a cracked vertebrae and cuts across his body. While in hospital, Christopher developed an infection in his right forearm and displayed symptoms of a psychological trauma.

In September, Christopher was air-lifted to the Queen Elizabeth Hospital in Birmingham where he underwent a second operation on his fractured pelvis. He was discharged after five weeks, but returns regularly for ongoing treatment and rehabilitation therapy. Christopher has been unable to work since his accident.

After seeking legal advice, Christopher made a claim for a cycling accident in France against the driver of the camper van that ran him over. Mutuelle de Poitiers, the French insurers of the negligent driver has admitted liability for the accident and negotiations have started to secure Christopher sufficient compensation to pay for his continuing physiotherapy and rehabilitation.

Speaking about his claim for a cycling accident in France, Christopher said: “The accident just happened so quickly. One minute I was cycling along the road, the next I was being dragged along the road by a vehicle that had struck me from behind. I have been signed off work for six months and have been forced to completely change my living arrangements at home due to my injuries. I know I face a long road to recovery and a prolonged spell of physiotherapy.”

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Cyclist Settles Injury Claim against Negligent Dog Walker

December 4, 2015

A cyclist, who suffered a head injury when a dog´s lead got caught up in the spokes of his bike, has settled his injury claim against a negligent dog walker.

In August 2012, Anthony Steele (59) was in training for a coast-to-coast cycling event, and cycling along the promenade at the seafront in Heysham, Lancashire, when he approached a group of people standing in the middle of the path.

Anthony rang the bell on his bike to warn them of his presence and he went to cycle around the left hand side of the group. As he did so, one of the pedestrian´s dogs darted out in front of him. The dog´s retractable lead got caught in the spokes of Anthony´s bike and stopped it in its tracks.

Anthony was propelled his bike, hitting the ground with such force that he lost consciousness. When he came round, he in the Royal Lancaster Infirmary, where he was diagnosed with a major fracture to the right side of his skull, several fractures to his clavicle, and several fractured ribs.

As a result of his head injury, Anthony was off work for seven weeks and required neuro-psychotherapeutic therapy and cognitive rehabilitation. He still suffers from a permanent loss of hearing in his right ear and non-specific pain in his right shoulder. Anthony also has spells of dizziness, headaches and balancing issues.

It took Anthony almost three years to find the woman who had been in charge of the dog when it ran across him, after which he made an injury claim against the negligent dog walker. In his legal action, Anthony alleged that the woman was not familiar with the use of a retractable lead, and it was her negligence that ultimately caused his injuries.

Liability for Anthony´s injuries was initially denied, and the injury claim against the negligent dog walker was scheduled to be heard at Manchester County Court. However, before the hearing could take place, the negligent dog walker agreed to an out-of-court settlement amounting to £65,000.

Speaking after his injury claim against the negligent dog walker had been resolved, Anthony said: “All I wanted out of this was to get the financial support I needed for my rehabilitation and to raise awareness of how dangerous retractable dog leads can be, especially if people don’t know what they’re doing with them. I can’t quite believe that all of this has been caused by someone who could not control their dog or be aware of their surroundings.”

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Court Approves Settlement of Cyclist Brain Injury Compensation

November 16, 2015

The High Court has approved a settlement of cyclist brain injury compensation in favour of a former journalist who was injured by a negligent lorry driver.

Thirty-one year old Mary Bowers was cycling to her job as a journalist with The Times newspaper, when – on 4th November 2011 – she stopped at a red light on Dock Street, just ninety metres from her workplace.

As she waited for the lights to change, a 33 tonne lorry pulled up behind her. The driver of the lorry was engaged in a hands-free telephone conversation at the time, and he neglected to ensure the handbrake of the lorry was fully on.

Tragically, the lorry rolled forward and crushed Mary beneath its wheels. Mary was taken to hospital in a coma, suffering from a severe brain injury, two broken legs, a severed artery, a punctured lung, a broken arm and a broken pelvis.

The driver of the lorry – Petre Beiu – was found guilty of careless driving, fined £2,700 and disqualified from driving for eight months in December 2012. Following Beiu´s conviction, Mary´s father – Peter – claimed cyclist brain injury compensation from the negligent driver´s insurers.

An undisclosed settlement of compensation was agreed. However, as the claim for compensation had been made on behalf of a plaintiff unable to represent themselves, the settlement had to be approved by a judge to ensure that it was in Mary´s best interests.

Consequently, at the High Court in London, Mr Justice Supperstone heard how Mary was a bright and intelligent woman with a promising career at The Times ahead of her. The judge also heard that she now resides in a specialist rehabilitation centre in Brentwood, Essex.

The judge was told that the undisclosed settlement of cyclist brain injury compensation would be used to provide Mary with a private bungalow at the rehabilitation centre and to provide care and therapy. Judge Supperstone had no hesitation in approving the settlement.

Speaking after the approval hearing, Mary´s father told reporters: “The impact of Mary’s injuries has been devastating to her – her career was flourishing and she had her whole life ahead of her. We are relieved that now she will have access to vital funds which will help go toward specialist treatment to help and support her through her ongoing rehabilitation.”

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Liability Determined in Cycling Accident Injury Compensation Claim

June 25, 2015

A judge has determined liability in a cycling accident injury compensation claim made on behalf of a brain damaged woman unable to represent herself.

On July 3rd 2011, Fenella Sinclair (62) – an office administrator from Tunbridge Wells in Kent – was cycling along Broadwater Forest Lane when the wheel of her bicycle was clipped by a 4×4 driven by Rachel Joyner.

The contact, although minimal, caused Fenella to fall from her bicycle and she suffered multiple skull fractures, brain damage, several broken ribs and damage to her spine after landing heavily on the road surface. Due to the extent of her injuries, Fenella remains in a minimally conscious state four years after the accident and relies on others to provide her with 24-hour care.

After a police investigation into the accident, no criminal charges were brought against Rachel Joyner. However, Fenella´s daughter made a cycling accident injury compensation claim on her mother´s behalf, as Fenella was unable to remember the circumstances leading up to the accident and is too brain damaged to be able to represent herself.

Rachel Joyner denied liability for causing the accident in which Fenella was so badly injured, so Fenella´s daughter instructed solicitors to engage an accident reconstruction expert to determine how the accident occurred. Together with information from the Kent police, the solicitors were able to construct a case to support the cycling accident injury compensation claim.

Despite the evidence against her, Rachel Joyner refused to accept responsibility for Fenella´s injuries, and the cycling accident injury compensation claim went to the High Court, where it was heard by Mrs Justice Cox. After three days of testimony, Judge Cox ruled that Rachel Joyner had driven her 4×4 in a negligent manner and attributed her with 75% liability for Fenella´s injuries after allowing for the cyclist´s position in the road at the time contact was made.

The cycling accident injury compensation claim was subsequently adjourned so that an assessment of Fenella´s future needs can be made. According to Fenella´s lawyer, the settlement of the claim should exceed several million pounds which “will give Mrs Sinclair´s family peace of mind in knowing that she will recover damages to pay for the care and treatment she will need in the future”.

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Cyclist Settles Claim for a Traumatic Brain Injury

February 2, 2015

A cyclist, who was knocked from his bike when a car pulled out in front of him, has settled his claim for a traumatic brain injury against the driver´s insurance company.

In September 2010, John Wellock (65) from Mossley in Greater Manchester was cycling along the A62 in Oldham when he was knocked off his bike by a driver pulling out in front of him. Despite wearing a cycling helmet, John suffered a serious brain injury and was taken to hospital in a coma.

John spent nine months in hospital being treated for his injury, going through intensive rehabilitation and undergoing therapy. He was able to return to his home only after his wife – Elaine – had given up her job to care for him full-time.

The driver who knocked John off his bike pleaded guilty to driving without due care and attention at Oldham Magistrates Court in 2011, after which John made a claim for traumatic brain injury compensation against the driver´s insurance company.

Liability was admitted by the insurance company and a £2 million settlement of John´s claim for a traumatic brain injury was negotiated after reports had been conducted on his future requirements. The settlement will provide John with the money he needs to access expert support and care, and for him to continue recovering through intensive rehabilitation and therapy.

Speaking after the £2 million settlement had been announced, John said: “I believe wearing a cycle helmet saved my life, I’ve been campaigning to try and make them compulsory for all. Anything that can be done to improve safety for cyclists is extremely important.”

John´s wife – Elaine – added “The settlement is a massive relief and a weight off our shoulders. We can now look to the future as we know that John’s care needs will be taken care of for the rest of his life”.

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Cyclist Recovers Compensation for Being Hit by Car at Junction

February 7, 2014

A cyclist who broke his wrist when knocked from his bike is to receive compensation for being hit by a car at a junction, after the negligent driver abandoned his allegation that the cyclist was also negligent.

In November 2010, John Agius (62) was cycling along the High Street in Benfleet, Essex, when he was hit by a car emerging from a road junction. John was knocked onto the bonnet of the car, and then onto the road – sustaining a badly broken wrist as he landed.

John underwent emergency surgery for his injury but several months after the accident John was advised that the bones in his wrist were not fusing correctly and that he would need to undergo a second operation.

During the second operation, doctors inserted a bone graft from John´s hip into his wrist in order to encourage the bones to fuse together; but the operation was not entirely successful and, six months after his accident, John had to undergo a third operation to attend to the numbness that had developed in his hand.

Following three operations – and six months off from his job as a rescue and recovery driver – John is still unable to lift heavy weights with his left hand and often requires assistance both at work and at home.

After speaking with a solicitor, John made a claim for compensation for being hit by a car at a junction; but liability for John´s wrist injury was initially denied, with the car driver alleging that John had been negligent himself and partially responsible for his injuries.

Eventually an undisclosed settlement of compensation for being hit by a car at a junction was negotiated – believed to be the full amount initially claimed – but John admitted that he was now wary of riding his bicycle again and conscious that he will never fully regain the strength in his left hand.

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Cyclist Injury Claim Resolved after 8 Year Wait

August 16, 2013

A young man, who suffered life-changing brain injuries when he was knocked from his bicycle when just a teenager, has had his cyclist injury claim resolved after an eight year wait.

Toby Phethean-Hubble (now 24) was just sixteen years of age in November 2005 when he attempted to cross the road on his bike outside the Whitchurch Leisure Centre in Shropshire, and rode into the path of a car being driven by Sam Coles.

Coles – who was seventeen years old at the time – had passed his driving test eight days earlier and was driving his mother´s automatic for the first time when he hit Toby; who was thrown into the car windscreen and over the top of the car before hitting the ground.

Toby, who was not wearing a cycling helmet, suffered severe brain injuries which left him unable to walk or take up his planned trade as a cabinet maker. Since his accident, Toby has received intensive therapy which means he can get around with the help of a walking frame, but he still needs full-time support.

Through his mother – Shani Phethean-Hubble – a cyclist injury claim for compensation was made against Coles´ insurance company; who denied liability for Toby´s injuries and alleged that Toby himself was to blame for the accident due to his own lack of care and because he was not using the lights on his bicycle at 8.00pm in the evening.

However, Coles had admitted to the police after the accident that he had been travelling at 35mph in a 30mph zone, and the family took Toby´s cyclist injury claim to court; where a verdict was delivered in Toby´s favour in March 2011, but he was assigned one-third contributory negligence for his actions in causing the accident.

Coles´ insurers appealed the decision and, after a hearing at the Appeal Court in 2012, the amount of contributory negligence assigned to Toby was increased to one-half and the cyclist injury claim adjourned for the assessment of compensation.

Last week, at the High Court in London, Mr Justice Stewart approved a compensation settlement that will see Toby receive £5.3 million cyclist injury compensation to help pay for Toby´s care and accommodation at a specialist centre in North Devon, which will enable him to live as independent a life as possible.

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Changes in Procedures for Personal Injury Claims Introduced

August 6, 2013

Further changes to the procedures for personal injury claims were introduced on 1st August which should result in the quicker settlement of lower value claims when liability is not in dispute.

The Legal Aid, Sentencing & Punishment of Offenders Act (LASPO) 2012 introduced a number of changes to the procedures for personal injury claims in April 2013 – most significantly the way in which “No Win, No Fee” injury claims are handled.

Since April, claimants have been personally liable for solicitor´s “Success Fees” and “After the Event” insurance premiums but have received an uplift in the value of General Damages awarded in personal injury compensation settlements to account for this.

On August 1st, the Civil Procedure Rules (CPRs) governing court action in England and Wales were also amended to assist in reducing the time it takes to settle personal injury claims with a value of up to £25,000 when a single party is responsible for an injury occurring and liability is admitted by that party.

The new procedures for personal injury claims in England and Wales will see negligent parties and their insurance companies allowed just one day (from 21 days) from receiving a “Letter of Claim” to acknowledge its receipt, and thirty days (from 90 days*) to inform a solicitor whether or not liability is accepted or the claim is going to be contested.

Any negligent party or insurance company who fails to adhere to these guidelines will not be able to take advantage of the Ministry of Justice Claims Portal and will face higher costs in defending the claim.

Exceptions to the Procedures for Personal Injury Claims

These measures should significant reduce how long it takes to resolve a claim for personal injury compensation where  the total value of the claim is more than £1,000 and less than £25,000; however there are a number of exceptions to the new procedures for personal injury claims:-

  • Public liability claims against an individual – for example if you have been injured in an accident in a neighbour´s home due to their negligence.
  • Any public liability claim in which you or a member of your family has contracted a disease – for example if you suffer food poisoning after eating in a restaurant
  • Any claim in which either the defendant or the claimant is bankrupt or has died, or where a claim is made against more than one party
  • Where an injury is sustained in an accident outside of England or Wales – for example while on holiday
  • Claims in which the defendant is uninsured or untraceable – for example hit and run accidents
  • Any claims for medical negligence or clinical malpractice
  • Mesothelioma claims for compensation

The changes to the Civil Procedure Rules do not affect the Statute of Limitations relating to how long you have to make a claim for personal injury compensation after the date of knowledge that an injury has been sustained, and only apply to injuries diagnosed on or after 1st August 2013.

If you have any questions regarding how the changes in procedures for personal injury claims may affect you, it is recommended that you speak with a personal injury claims solicitor at the first possible opportunity.

 (*) Employers and insurance companies providing Employer Liability Insurance will have forty days to conduct an investigation into your work injury claim and advise your solicitor whether or not liability is accepted.

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Cyclist Accident Injury Claim Resolved Against Royal Mail

April 22, 2013

A postman, who made a cyclist accident injury claim against the Royal Mail after being knocked down by one of their vans on his way home from work, has resolved the claim against his employer.

David Thompson (62) made his cyclist accident injury claim after being struck by a Royal Mail van early one morning in December 2011. He had been cycling home after completing a shift at the Leeds Mail Centre when he was hit by the vehicle and was taken to hospital suffering from soft tissue injuries to his chest, ribs, spine and thigh.

Unable to return to work for two months because of his injuries, David had to sleep in a downstairs chair at his home in Leeds, West Yorkshire, as it was the only place he could find comfortable. When he returned to work in January 2012, he was assigned light duties to help him with his recovery, but had to give up riding his bicycle because of the psychological trauma he had suffered.

After seeking legal advice, David made a cyclist accident injury claim against the Royal Mail, not only for the physical and psychological injuries he had sustained, but also because he now had to use public transport to commute to and from work and had to pay the costs of travel to maintain his livelihood.

After an internal investigation into David´s accident, the Royal Mail agreed to a negotiated settlement of the cyclist accident injury claim which resulted in David receiving £7,300 in cyclist accident injury compensation.

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Settlement of Child Cycling Injury Claim Approved in Court

July 13, 2012

A boy, who suffered head and leg injuries after his bicycle was struck by a vehicle, has had the settlement of his child cycling injury claim approved by the High Court in Dublin.

Bartosz Zakrzewski (11) of Birr, County Offaly, sustained the injuries in July 2010 when he was just nine years of age. As he rode his three-wheeled tricycle along An Coran Street in Birr, he was struck by a car driven by Caitríona Kelly – also Birr, County Offaly. Such was the impact of the collision, Bartosz was thrown several metres from his bike and sustained significant head injuries, lacerations all over his body and a broken leg.

Through his mother, Monika, Bartosz made a child cycling injury claim against Ms Kelly – alleging that she had been negligent in her driving and had acted in breach of her duty of care. Ms Kelly denied the claim and, due to the potential amount of child cycling injury compensation that Bartosz might have received for his injuries, the case was scheduled to be heard at the High Court.

However, shortly before proceedings were about to commence, the High Court judge due to hear the case – Ms Justice Mary Irvine – was informed that the child cycling injury claim had been resolved without admission of liability and a settlement of 100,000 Euros in compensation had been agreed between the two parties. Ms Justice Mary Irvine approved the settlement, stating that she had sympathy for both the Zakrzewski family and Ms Kelly.

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Man Awarded Cyclist Fall in Pothole Compensation

March 12, 2012

A man, who sustained arm and wrist injuries after falling from his bicycle when hitting a pothole in the road, has won his claim for cyclist fall in pothole compensation against his local council.

 James Tarrant (62) from Windsor, Buckinghamshire, was cycling to work early one morning in October 2008 when his bicycle fell into a pothole which had formed adjacent to a manhole cover on Bangor Road, Iver. In addition to sustaining arm and wrist injuries, James also had to undergo dental treatment to have a tooth extracted as a result of his accident.

After seeking legal advice, James made a fell in pothole compensation claim against Buckinghamshire County Council, alleging that the road was in a bad state of disrepair and, although he had his bicycle lights on, the road was so poorly lit that he only saw the hazard when it was too late to take evasive action.

After their own investigation into the accident, Buckinghamshire County Council admitted liability for James´ injuries and awarded him 4,191 pounds for cyclist fall in pothole compensation to account for his pain and suffering and the cost of dental treatment.

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Another Cyclist to Receive Hit and Run Compensation

March 6, 2012

After last month´s news of a catastrophically injured cyclist who received compensation for a hit and run accident, another cyclist has been awarded hit and run compensation after the car driver that knocked him from his bike was traced and charged with reckless driving.

Jack Dixon (59) was cycling from his local station to his home in Great Waltham, Essex, during a September evening in 2010, when a car cut left immediately in front of him to avoid some temporary traffic lights that were situated directly ahead. The car hit the front wheel of the cycle with force, and sent Jack tumbling onto the road – leaving him with a fractured shoulder blade and a dislocated shoulder.

The motorist sped off, but a bystander who had witnessed the accident gave chase and was able to take down the car´s registration number. Police and solicitors working on behalf of Jack were eventually able to track down the reckless motorist, who admitted liability for accident and Jack´s injuries. The solicitors contacted the driver´s insurance company, and a settlement of 11,000 pounds hit and run compensation was negotiated.

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Paralysed Policeman Receives 2.5 Million Pounds for Utility Breach

June 20, 2011

An ex-metropolitan policeman, who sustained crippling spinal damage when cycling into barriers placed around electrical road work, has been awarded 2.5 million pounds in personal injury compensation at London´s High Court.

Alexander Kotula (27) from London Colney, Hertfordshire, was cycling along Park Street in St. Albans, Hertfordshire, in April 2006 when he fell into barriers placed around electrical work that was being done in the street  by EDF Energy Networks PLC and their contractors – subsequently ricocheting back into the path of an oncoming lorry.

The collision with the lorry left Alexander with devastating spinal injuries that mean he will unlikely to ever walk again, but it was alleged in a claim for personal injury compensation that the utilities company was responsible for Alexander´s injuries due to negligent way in which they failed to maintain a passageway through the works.

Judge Simon Brown QC at the High Court heard that EDF Energy Networks PLC and their contractors were conducting the works alongside a busy road, with no advanced warning to pedestrians or cyclists and no safety zone between the barriers surrounding the work and passing traffic.

EDF Energy Networks PLC admitted a breach of duty to protect road users from injury and Judge Brown awarded Alexander a lump sum payment of 2.5 million pounds lump sum, with annual index-linked payments of 30,000 pounds to cover the cost of his care and 16,000 pounds per year to compensate for Alexander´s loss of earnings until retirement age.

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Cyclist Awarded 2,000 Pounds for Pothole Injury

April 21, 2011

A Yorkshire cyclist, who sustained cuts and bruises when falling from his bike due to a pothole in the road, has received 2,000 pounds in an out of court settlement.

Peter Lodge (52) of Hebden Bridge, West Yorkshire, was cycling near his home in October 2008, when the front wheel his bike hit a pothole in the road and he was thrown over the handlebars. Although Peter´s injuries were not serious, as a member of Cyclist´s Tourist Club (CTC) he felt that action should be taken considering the poor state of the road.

As the pothole had been formed around a Yorkshire Water valve, it was determined that Yorkshire Water were responsible for maintaining that particular part of the road in a safe condition and, supported by the CTC, Peter took legal action against the water company.

Peter has now been awarded 2,000 pounds in personal injury compensation, and the pothole has been repaired.

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