Case study

Cyclist Accident on a Defective Railway Crossing – £55,000 in Compensation

Settlement was achieved for £55,000 for our client who was involved in an accident when he fell from a bicycle due to a defect on a railway crossing line.

Our client approached Oliver & Co and instructed Allison Pepper, one of our serious injury specialists to deal with the claim for him. Our client had been cycling with a group when the wheel of his bike got stuck in a defect on the surface of the crossing causing him to be thrown from his bike.

Liability was denied by the defendant’s insurers throughout, and allegations of contributory negligence (i.e. that our client was partly responsible for his accident) had been raised due to the presence of a “cyclists’ dismount” sign which was alleged to have been present at the time of the fall. It was not visible to our client or any of his witnesses, some of whom were police officers. Our client suffered multiple injuries including a fractured hip, right proximal humerus and index and little fingers.

Medical reports were obtained from experts who examined our client to support the injuries sustained. These included an Orthopaedic Surgeon and Psychologist. Unfortunately, our client later developed vascular necrosis in his hip which necessitated a hip replacement. We ensured this was also claimed for on a private basis as part of his claim.

It became necessary to issue court proceedings, but we were extremely happy to settle the claim for our client around 6 months before the Trial was due to take place.

How can we help you?

We help lots of clients every year claim the compensation they deserve. This case study demonstrates how we have helped a client claim compensation for injury following an accident. Please be aware that the compensation amounts depend on the client’s individual situation and experiences. To see how much your claim could be worth please contact us directly.

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