In the heat of the moment, people are wont to express strong, binary opinions as to where blame for a road accident lies but, from the legal perspective, liability issues can be much more difficult to resolve. That was certainly so in the case of a cyclist who was riding on an A road when he was struck by a car and gravely injured.
The man had been celebrating his birthday before he was hit from behind at night, suffering a displaced ankle fracture and a traumatic brain injury. His lawyers claimed that the motorist was driving too fast. Liability was, however, denied by the motorist’s insurers, who pointed to CCTV footage that was said to show the cyclist riding erratically on the trunk road with a can of beer in his hand.
The cyclist’s lawyers, however, succeeded in breaking that impasse by negotiating a settlement of his personal injury case. The full value of his claim having been agreed at £837,500, a compromise was reached whereby the insurers would pay him one third of that sum. In approving the settlement, the High Court found that it fairly reflected litigation risks and was in his best interests.
The cyclist’s head injury led to cognitive impairment, disruptive behavioural patterns and a reduction in life expectancy. He was a challenging character prior to the accident, but his lifestyle had since become more conventional and fulfilling. That was in large part thanks to his close relationship with his partner, a remarkable woman who befriended him in hospital after the accident.
For help or advice on personal injury matters contact Mike Sutton m.sutton@sydneymitchell.co.uk on 08081668827.
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