We secured damages for a cyclist badly injured as a result of another cyclist’s negligence. The claimant, an experienced cyclist, had been out on his road bike when another cyclist coming in the opposite direction went into a corner on the wrong side of the road, colliding with a car which was correctly proceeding in its lane.
The cyclist at fault was not severely injured but, as a result of the collision, was thrown into the path of the claimant, knocking him off his bike onto the road. The claimant suffered from multiple fractures to his pelvis and an exacerbation of underlying degenerative change in his hip. He required surgical fixation of his pelvis and will need a hip replacement in the near future, much earlier than would otherwise be the case.
He was unable to work for several months and developed depression as a result of his physical condition, pain and limitations. He went from being very active to being extremely restricted physically and had to stop doing many of the activities he enjoyed. Given the severity of his injuries, he was keen to use specialist lawyers rather than the panel solicitors suggested by his insurer and, after speaking with several firms, he instructed Penningtons Manches to conduct his claim.
The defendant cyclist’s insurer was slow to respond but liability for the accident was eventually admitted. Medical experts were instructed to report on the claimant’s orthopaedic injuries and psychiatric condition. As his orthopaedic injuries were slow to heal, the expert recommended further evidence once his injuries had healed sufficiently to give a final prognosis.
Following further medical assessments, and after an additional course of psychiatric treatment as recommended by our experts, final expert evidence was obtained and negotiations were entered into with the defendant insurer. In addition to the claim on behalf of the claimant, there were subrogated claims on the part of the claimant’s employer and private health insurer. A substantial settlement was reached without the need for court proceedings.