British Cycling Members Win Compensation

Legal Advice Cases - April-October 2008

British Cycling provides a legal advice service to members which has a reputation second to none. When a member is the victim of the carelessness of another road user, British Cycling supports and funds the resultant claim. British Cycling members are represented in their claims for damages and compensation by the hugely experienced Leigh Day & Co's Cycling and Sports Injuries Team.

Here we have a selection of cases involving British Cycling members which have been successfully concluded in the last 6 months. We thank all the members involved for allowing us to share their stories with you.

Membership: Full details of British Cycling's membership packages and the legal advice and insurance which come with them: More Info

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THE CASES

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Ken Barnsley (pictured) suffered a dislocated index finger and soft tissue injuries to his shoulder and knee when he was knocked off his bicycle whilst on a training ride on 30 January 2006. Ken was cycling along Bury New Road in Manchester when a motorist suddenly turned right across the carriageway into West Avenue and collided with Ken's bicycle.

Ken lost ten weeks' training as a result of his injuries, which had a significant effect on his fitness levels. At the time of the accident, Ken was preparing for a tour of the Pyrenees in July 2006. Liability for the accident was admitted by the car driver.

Ken received compensation for his injuries, property damage, loss of leisure time, care and assistance and other consequential losses and expenses.

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Stephen Ward suffered injuries to his hip and damage to his bicycle and cycle kit as a result of a road accident when he was struck from behind by a motorist. Liability was admitted by the motorist's insurers and Stephen's claim was settled on an amicable basis.

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Daryl Gannon received compensation following a road traffic collision in August 2007, when a car drove into the back of him at a traffic light controlled junction. Fortunately, Daryl only sustained minor injuries and has made a full recovery.

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Mark Beynon was involved in a road traffic accident which occurred on 4th April 2007 as he was cycling to work in Wigan. Mark was knocked from his bicycle as a result of a motorist pulling out of a junction and driving directly into his path. As a result of the accident, Mark suffered various bruises and cuts to his ankle, hip and elbow. Liability was admitted by the motorist's insurers and Mark received damages.

Scott Rose was involved in a road traffic accident which occurred on 4th January 2008 as he was riding his bicycle home from work. The accident occurred as Scott was waiting to turn right out of a junction in Leicester, and a motorist suddenly drove into him whilst turning into the road. Scott's swift reaction prevented serious injury, nevertheless, he suffered a soft tissue injury to his right elbow and damage to his bicycle. The motorist's insurers agreed to settle Scott's claim without the need for medical evidence and Scott received compensation for his injury and damaged bicycle.

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Jonathan Andrews (pictured) was knocked off his bike by a vehicle which failed to give way to him and pulled out from a minor road in front of him. As a result, Jonathan suffered bruising to his left hip, left ribs, left arm and left shoulder. He also suffered a graze to his right wrist. Damages were agreed to include compensation for Jonathan's injuries and other losses and expenses.

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Karl Norfolk was cycling with his partner in Tadley, in Hampshire. As Karl and his partner approached a junction, a motorist suddenly pulled out of the junction, and drove directly across Karl and his partner's path. Karl and his partner had no opportunity to avoid a collision and as a result of the impact, Karl sustained damage to his bicycle and other consequential losses as a result of the accident. His partner suffered damage to her bicycle. Liability for the accident was admitted by the driver's insurers and Karl's damages claim was agreed in full.

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John Brearley a former junior regional and national cycling champion was cycling along the B1230 in North Humberside. A motorist suddenly and without warning turned right across John's path, causing a collision. As a result of the impact John sustained injuries to his hip joint requiring surgery, significant knee injuries and scarring. John was aged 16 years at the time of the accident. Due to the seriousness of his injuries and his age at the time it has taken several years to assess the long term impact of these on his career and cycling prospects. Liability for the accident was admitted by the driver's insurers and John's damages claim was agreed in full.

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Mark Leedham and his son were riding in a cycle lane. As they attempted to pass a junction a motorist drove into the rear of Mark's bicycle. Thankfully Mark managed to avoid coming off his bicycle however his bicycle sustained significant damage. With a view to achieving an early settlement, Mark put forward a settlement offer to the driver's insurers together with documentation in support of his claim. Mark's settlement proposal was accepted without an admission of liability.

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Jonathan Harris, a member of the Port Talbot Wheelers Cycling Club, was involved in a road traffic accident on 24th June 2006 as he was cycling along the A48 with a group of club cyclists. The accident occurred as a result of a motorist attempting to overtake the group of cyclists as they were passing a traffic island. The motorist failed to allow sufficient room and Jonathan had to take emergency avoiding action and was thrown from his bike.

The motorist failed to stop following the accident. Thankfully Jonathan managed to secure the registration number of the vehicle involved. The police were informed of the incident and managed to trace the motorist. As a result of the accident Jonathan suffered multiple soft tissue injuries to his upper and lower body. However, he made a relatively speedy recovery, but was left with some residual scarring. Following receipt of the Police Accident Report, the driver's insurers admitted liability. Jonathan received compensation for his injuries, damaged bicycle and other consequential losses and expenses.

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Stephen Bottomley was knocked off his bicycle by a Carpet firm's van as it was being driven out of a junction. The van driver drove across a cycle lane and entered the box junction. He then proceeded to edge his way out as he waited for a gap in traffic. He failed to notice Stephen's bicycle approach and subsequently collided with it. Thankfully Stephen avoided serious injury, but nonetheless suffered soft tissue injuries to his right knee and hip. His bicycle was significantly damaged.

Liability was strenuously disputed by the third party insurers. Whilst accepting no blame for the accident but with view to achieving an amicable settlement, Stephen offered to settle liability on 75/25 split-basis in his favour. Following disclosure of medical evidence settlement negotiations commenced and Stephen's damages award was agreed with the driver's insurers.

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Dr Andrew Middleton was thrown from his bicycle when a vehicle performed a u-turn directly in front of him and hit the rear wheel of his bicycle. The motorist failed to stop afterwards and drove off in the opposite direction. Andrew was able to secure the details of 5 independent witnesses, one of them being an off duty policeman. Andrew reported the incident to the police and the motorist's vehicle was successfully traced.

As a result of this incident, Andrew suffered soft tissue injuries to his left knee, abrasions to his left forearm and shoulder. His injuries had a significant affect on his sporting and recreational activities. Unfortunately the police were unable to identify the third party driver and the registered keeper denied driving the vehicle at the time of the accident. However, Andrew's claim was eventually settled in full by the owner's insurers. Andrew's damages claim was agreed in full and Andrew received compensation for his injuries, property and damage and other consequential losses and expenses.

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Richard Bray made a compensation claim against Coventry City Council following an accident involving a road defect. Richard was thrown from his bike when it impacted with a sunken trench situated in the middle of the road at the junction of Butts Road, Coventry. He suffered injury to his back and shoulders, damage to his bike and other consequential losses and expenses as a result.

The Council initially disputed liability, however after further requests were made for disclosure documentation, the Council finally conceded liability. After providing medical evidence Richards's damages claim was agreed in full.

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Peter Humphreys, a member of the Southend Wheelers Cycling Club, was knocked off of his bicycle as he approached a junction. A vehicle travelling in the opposite direction, suddenly turned right across the carriageway and drove into Peter's bicycle.. As a result of the collision Peter was thrown from his bicycle and suffered swelling to his right kneecap, bruising to his hip and bruising to his shoulder. Peter's bicycle was also damaged as a result of the accident. Following disclosure of medical evidence, Peter's claim was settled on an amicable basis and Peter received 100% of his damages.