We have helped a cyclist who was seriously injured when a postal van reversed into his path as he was cycling home from a local shop.
The collision caused him to be knocked from his bicycle, and he suffered a number of injuries, including a fractured left elbow requiring surgery, a wrist injury, a fractured toe, cuts, grazes, bruises, and psychological symptoms including anxiety about cycling and reliving the accident.
How the Accident Happened
Our client was cycling on the correct side of the road at an appropriate speed when, without warning, a postal van reversed into him.
He had just turned into the road when the van, which had been stationary to his left, suddenly reversed and blocked the junction. The van struck his front wheel, causing him to be knocked off of his bike.
Liability and Court Proceedings
The defendant disputed who was responsible for the accident throughout and so formal allegations were submitted. These included colliding with the bicycle, failing to observe the cyclist’s presence, driving too fast in the circumstances, and failing to heed the Highway Code.
The defendant’s position was that their driver had checked mirrors, reversed slowly, and that the cyclist rode into the rear of the van. The defendant raised issues of contributory negligence, meaning meaning they argued that the cyclist was partly responsible for the accident and that any compensation should therefore be reduced.
Due to disputes about the circumstances of the collision, and the absence of any independent witness evidence, court proceedings had to be issued to progress the claim.
Medical Evidence and the Impact of Injuries
Independent orthopaedic and psychological expert evidence was obtained to assess our client’s injuries.
The orthopaedic expert identified the injuries as a fracture of the left olecranon, together with a soft tissue injury to the right wrist and abrasions to the legs. Psychological evidence was also obtained in relation to accident-related psychological symptoms, these included cycling anxiety and avoidance. The expert also recommended a course of trauma-focused CBT.
Despite the denial from the defendant, we arranged for our client to have surgery and rehabilitation, funded by the defendant’s insurers. This worked well and our client’s pain levels had improved significantly by the time the claim settled.
Successful Settlement
The case was settled without the need to go to trial and our client received £30,000 in addition to the costs of his private surgery and rehabilitation being paid for.
How Can We Help You
If you’ve been injured in a cycling accident and want to know whether you may have a claim, our specialist personal injury team is here to help. We’ll guide you through the process and provide clear, expert advice every step of the way.
Get in touch with us today to find out what steps you can take next. You can call us on 01244 312306, email us at law@oliverandco.co.uk or complete our Contact Form and we’ll be in touch.
