Cycling Claims

Compensation Awarded by Court for Cycling Injuries

April 15th, 2016 | By injuryclaims

An Edinburgh Court has awarded a six-figure settlement of compensation for injuries sustained in a cycling accident. 

On the 1st December 2013, fifty-two year-old David Robinson was cycling along the A701 as part of the Edinburgh Cycling Club. Nearing Broughton, he led the other eleven members on the cycle across a bridge over the Biggar Water. 

However, upon approaching the bridge, the front wheel of David’s bike hit a groove in the road, throwing David forward. He landed on his right arm, and suffered fractures to his elbow and wrist, as well as soft tissue damage and cuts. 

An investigation ensued into the circumstances of the accident, which revealed that the metal groove in the road was because of a joint between an old masonry arch and a new building. There were several other such grooves, each posing a threat to cyclists. 

After seeking legal counsel, David made a claim for compensation against the Scottish Borders Council. However, the council contested the claim and said that the groove was not a defect in the road. They added that it was David’s lack of care that caused the injury, not the presence of the groove. 

Whilst liability was being disputed, an assessment of damages was conducted. If the Scottish Border’s Council could be found negligent, David would be able to claim a settlement of approximately £100,000. 

The case proceeded to the Court of Sessions in Edinburgh, where Lady Wolffe oversaw proceedings. Evidence was given that the metal groove would not be above the road surface if, when the roadworks were being completes in May 2015, the work had been undertaken competently. It was claimed that the tarmac on the road should have been brought up to the level of the groove. 

Lady Wolffe, after hearing all the evidence, found in David’s favour, dismissing claims that he could have prevented the accident. She added that there was no evidence that David was negligent in his riding  “in either speed or manner, having regard to the weather and road conditions”. Before closing, Lady Wolffe confirmed that David would receive £100,000 in compensation. 

Negligent Dog Walker Compensation Settled

December 11th, 2015 | By injuryclaims

A claim for injuries compensation made by a cyclist was was injured after a dog’s leash got caught in the wheels of his bicycle has settled his claim against the dog’s walker. 

When Anthony Steele, aged fifty-nine, was cycling along the seafront promenade in Heysham, Lancashire in August 2012, he was training for coast-to-coast event. However, when he was cycling, he was obstructed by a group of people standing in the centre of the path. He rang his bell with the intention of warning the group of his imminent approach. 

Anthony cycled around the group, but as he was doing this, a dog emerged from the people and ran out in front of his bicycle. The dog’s leash caught in the spokes of the bicycle’s wheel, causing the bike to stall and throw Anthony forward. The force with which Anthony hit the ground rendered him unconscious, and he was rushed to the Royal Lancaster Infirmary for treatment. He was treated for major fractures to his skull, as well as fractures to his ribs and clavicle. 

The injuries meant that Anthony had to take a week’s sick leave from work. He also had to attend  neuropsychotherapeutic and cognitive rehabilitation. The hearing in his right ear was permanently lost, and he suffers from chronic pain in his shoulder. Additionally, he endures bouts of dizziness, repetitive headaches and balance problems. 

Three years after the accident occurred, Anthony eventually found the woman who was responsible for the dog that caused the accident. After seeking legal counsel, Anthony made a claim for compensation, alleging that the woman did not know how to adequately control the dog. 

Initially, liability was denied by the dog’s walker, though when the case was due to be heard in Manchester County Court, an out-of-court settlement of £65,000 was negotiated. 

Anthony commented, after the announcement of the settlement, that “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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