Compensation recovered for London cyclist after driver seeks to deny fault

Posted: 18/04/2016

Penningtons Manches’ personal injury team has obtained compensation for a keen cyclist who was training for a competitive triathlon when he was hit by a car in South West London, suffering serious injuries. Although he was placed in the correct position in the road and was wearing hi-viz clothing, he was hit from behind in a bus lane by an approaching vehicle. 

The cyclist was knocked unconscious at the scene and sustained a broken scapula, three broken ribs, fractures to the spinous processes of his vertebrae, a punctured lung, a tear to his ear, and various lacerations and bruising. He required hospital treatment and had a slow recovery during which he was unable to continue with his sporting interests. He has subsequently made very good progress considering the severity of the impact and but has been left with some residual effects. 

Despite the circumstances, liability was denied by the defendant who suggested that the cyclist moved across in front of him. Unfortunately, there were no independent witnesses but the cyclist did have a GPS tracking watch which assisted in plotting his route and speed. The Penningtons Manches team was not prepared to accept anything other than a full admission of liability and indicated that court proceedings would be issued if a full admission was not received. After quantum investigations were concluded, a substantial settlement was secured. 

Charlene McAuliffe, who managed the claim, said: “This was a case where the defendant sought to add insult to injury – having caused a very nasty accident, he then attempted to avoid liability. It is very frustrating for those who have been injured or who are out of pocket from the actions of others to find that they are not accepting responsibility for what has happened. We often find that we need to be clear in these instances that we have a robust case and will start court proceedings if defendants and their insurers are not sensible.”

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