UK Injury Compensation News

In the UK, cycling accident claims occur frequently when a cyclist has been injured in a road traffic accident for which another road user was at fault. However, many cycling accident claims in the UK can also be made against local councils or utility companies who have failed in their duty of care to maintain the highways in a safe condition.

Where UK cycling accident claims become complicated is when a negligent driver fails to acknowledge his lack of care or accidents occur because of more than one liable party – for example if a cyclist has been hit by a car after taking evasive action to avoid a fault in the road.

Make sure you have a full assessment of your entitlement to make UK cycling accident claims by calling our freephone injury claims advice service. Your call will be handled in the strictest confidence and there is no obligation on you to proceed with UK cycling injury claims once you have spoken with us.

Cyclist Settles Claim for a Traumatic Brain Injury

A cyclist, who was knocked from his bike when a car pulled out in front of him, has settled his claim for a traumatic brain injury against the driver´s insurance company.

In September 2010, John Wellock (65) from Mossley in Greater Manchester was cycling along the A62 in Oldham when he was knocked off his bike by a driver pulling out in front of him. Despite wearing a cycling helmet, John suffered a serious brain injury and was taken to hospital in a coma.

John spent nine months in hospital being treated for his injury, going through intensive rehabilitation and undergoing therapy. He was able to return to his home only after his wife – Elaine – had given up her job to care for him full-time.

The driver who knocked John off his bike pleaded guilty to driving without due care and attention at Oldham Magistrates Court in 2011, after which John made a claim for traumatic brain injury compensation against the driver´s insurance company.

Liability was admitted by the insurance company and a £2 million settlement of John´s claim for a traumatic brain injury was negotiated after reports had been conducted on his future requirements. The settlement will provide John with the money he needs to access expert support and care, and for him to continue recovering through intensive rehabilitation and therapy.

Speaking after the £2 million settlement had been announced, John said: “I believe wearing a cycle helmet saved my life, I’ve been campaigning to try and make them compulsory for all. Anything that can be done to improve safety for cyclists is extremely important.”

John´s wife – Elaine – added “The settlement is a massive relief and a weight off our shoulders. We can now look to the future as we know that John’s care needs will be taken care of for the rest of his life”.

Posted in Brain Injury Compensation in the UK, Car Accidents in the UK, UK Cycling Accident Claims, UK Road Traffic Accidents - No Comments »

Cyclist Recovers Compensation for Being Hit by Car at Junction

A cyclist who broke his wrist when knocked from his bike is to receive compensation for being hit by a car at a junction, after the negligent driver abandoned his allegation that the cyclist was also negligent.

In November 2010, John Agius (62) was cycling along the High Street in Benfleet, Essex, when he was hit by a car emerging from a road junction. John was knocked onto the bonnet of the car, and then onto the road – sustaining a badly broken wrist as he landed.

John underwent emergency surgery for his injury but several months after the accident John was advised that the bones in his wrist were not fusing correctly and that he would need to undergo a second operation.

During the second operation, doctors inserted a bone graft from John´s hip into his wrist in order to encourage the bones to fuse together; but the operation was not entirely successful and, six months after his accident, John had to undergo a third operation to attend to the numbness that had developed in his hand.

Following three operations – and six months off from his job as a rescue and recovery driver – John is still unable to lift heavy weights with his left hand and often requires assistance both at work and at home.

After speaking with a solicitor, John made a claim for compensation for being hit by a car at a junction; but liability for John´s wrist injury was initially denied, with the car driver alleging that John had been negligent himself and partially responsible for his injuries.

Eventually an undisclosed settlement of compensation for being hit by a car at a junction was negotiated – believed to be the full amount initially claimed – but John admitted that he was now wary of riding his bicycle again and conscious that he will never fully regain the strength in his left hand.

Posted in Car Accidents in the UK, UK Cycling Accident Claims - No Comments »

Cyclist Injury Claim Resolved after 8 Year Wait

A young man, who suffered life-changing brain injuries when he was knocked from his bicycle when just a teenager, has had his cyclist injury claim resolved after an eight year wait.

Toby Phethean-Hubble (now 24) was just sixteen years of age in November 2005 when he attempted to cross the road on his bike outside the Whitchurch Leisure Centre in Shropshire, and rode into the path of a car being driven by Sam Coles.

Coles – who was seventeen years old at the time – had passed his driving test eight days earlier and was driving his mother´s automatic for the first time when he hit Toby; who was thrown into the car windscreen and over the top of the car before hitting the ground.

Toby, who was not wearing a cycling helmet, suffered severe brain injuries which left him unable to walk or take up his planned trade as a cabinet maker. Since his accident, Toby has received intensive therapy which means he can get around with the help of a walking frame, but he still needs full-time support.

Through his mother – Shani Phethean-Hubble – a cyclist injury claim for compensation was made against Coles´ insurance company; who denied liability for Toby´s injuries and alleged that Toby himself was to blame for the accident due to his own lack of care and because he was not using the lights on his bicycle at 8.00pm in the evening.

However, Coles had admitted to the police after the accident that he had been travelling at 35mph in a 30mph zone, and the family took Toby´s cyclist injury claim to court; where a verdict was delivered in Toby´s favour in March 2011, but he was assigned one-third contributory negligence for his actions in causing the accident.

Coles´ insurers appealed the decision and, after a hearing at the Appeal Court in 2012, the amount of contributory negligence assigned to Toby was increased to one-half and the cyclist injury claim adjourned for the assessment of compensation.

Last week, at the High Court in London, Mr Justice Stewart approved a compensation settlement that will see Toby receive £5.3 million cyclist injury compensation to help pay for Toby´s care and accommodation at a specialist centre in North Devon, which will enable him to live as independent a life as possible.

Posted in Brain Injury Compensation in the UK, Car Accidents in the UK, UK Cycling Accident Claims, UK Road Traffic Accidents - No Comments »

Changes in Procedures for Personal Injury Claims Introduced

Further changes to the procedures for personal injury claims were introduced on 1st August which should result in the quicker settlement of lower value claims when liability is not in dispute.

The Legal Aid, Sentencing & Punishment of Offenders Act (LASPO) 2012 introduced a number of changes to the procedures for personal injury claims in April 2013 – most significantly the way in which “No Win, No Fee” injury claims are handled.

Since April, claimants have been personally liable for solicitor´s “Success Fees” and “After the Event” insurance premiums but have received an uplift in the value of General Damages awarded in personal injury compensation settlements to account for this.

On August 1st, the Civil Procedure Rules (CPRs) governing court action in England and Wales were also amended to assist in reducing the time it takes to settle personal injury claims with a value of up to £25,000 when a single party is responsible for an injury occurring and liability is admitted by that party.

The new procedures for personal injury claims in England and Wales will see negligent parties and their insurance companies allowed just one day (from 21 days) from receiving a “Letter of Claim” to acknowledge its receipt, and thirty days (from 90 days*) to inform a solicitor whether or not liability is accepted or the claim is going to be contested.

Any negligent party or insurance company who fails to adhere to these guidelines will not be able to take advantage of the Ministry of Justice Claims Portal and will face higher costs in defending the claim.

Exceptions to the Procedures for Personal Injury Claims

These measures should significant reduce how long it takes to resolve a claim for personal injury compensation where  the total value of the claim is more than £1,000 and less than £25,000; however there are a number of exceptions to the new procedures for personal injury claims:-

  • Public liability claims against an individual – for example if you have been injured in an accident in a neighbour´s home due to their negligence.
  • Any public liability claim in which you or a member of your family has contracted a disease – for example if you suffer food poisoning after eating in a restaurant
  • Any claim in which either the defendant or the claimant is bankrupt or has died, or where a claim is made against more than one party
  • Where an injury is sustained in an accident outside of England or Wales – for example while on holiday
  • Claims in which the defendant is uninsured or untraceable – for example hit and run accidents
  • Any claims for medical negligence or clinical malpractice
  • Mesothelioma claims for compensation

The changes to the Civil Procedure Rules do not affect the Statute of Limitations relating to how long you have to make a claim for personal injury compensation after the date of knowledge that an injury has been sustained, and only apply to injuries diagnosed on or after 1st August 2013.

If you have any questions regarding how the changes in procedures for personal injury claims may affect you, it is recommended that you speak with a personal injury claims solicitor at the first possible opportunity.

 (*) Employers and insurance companies providing Employer Liability Insurance will have forty days to conduct an investigation into your work injury claim and advise your solicitor whether or not liability is accepted.

Posted in Car Accidents in the UK, Injuries at Work in the UK, Injuries caused by Slips Trips and Falls, Mesothelioma Cancer Cases in the UK, Pedestrian Accidents in the UK, Personal Injury in the UK, UK Child Injury Claims, UK Construction and Building Accidents, UK Cycling Accident Claims, UK Food Poisoning Claims, UK Public Liability Claims, UK Road Traffic Accidents, UK Shop Injury Claims, UK Street Injury Claims, UK Workplace Injury Claims - No Comments »

Cyclist Accident Injury Claim Resolved Against Royal Mail

A postman, who made a cyclist accident injury claim against the Royal Mail after being knocked down by one of their vans on his way home from work, has resolved the claim against his employer.

David Thompson (62) made his cyclist accident injury claim after being struck by a Royal Mail van early one morning in December 2011. He had been cycling home after completing a shift at the Leeds Mail Centre when he was hit by the vehicle and was taken to hospital suffering from soft tissue injuries to his chest, ribs, spine and thigh.

Unable to return to work for two months because of his injuries, David had to sleep in a downstairs chair at his home in Leeds, West Yorkshire, as it was the only place he could find comfortable. When he returned to work in January 2012, he was assigned light duties to help him with his recovery, but had to give up riding his bicycle because of the psychological trauma he had suffered.

After seeking legal advice, David made a cyclist accident injury claim against the Royal Mail, not only for the physical and psychological injuries he had sustained, but also because he now had to use public transport to commute to and from work and had to pay the costs of travel to maintain his livelihood.

After an internal investigation into David´s accident, the Royal Mail agreed to a negotiated settlement of the cyclist accident injury claim which resulted in David receiving £7,300 in cyclist accident injury compensation.

Posted in UK Cycling Accident Claims, UK Road Traffic Accidents - Comments Off

Settlement of Child Cycling Injury Claim Approved in Court

A boy, who suffered head and leg injuries after his bicycle was struck by a vehicle, has had the settlement of his child cycling injury claim approved by the High Court in Dublin.

Bartosz Zakrzewski (11) of Birr, County Offaly, sustained the injuries in July 2010 when he was just nine years of age. As he rode his three-wheeled tricycle along An Coran Street in Birr, he was struck by a car driven by Caitríona Kelly – also Birr, County Offaly. Such was the impact of the collision, Bartosz was thrown several metres from his bike and sustained significant head injuries, lacerations all over his body and a broken leg.

Through his mother, Monika, Bartosz made a child cycling injury claim against Ms Kelly – alleging that she had been negligent in her driving and had acted in breach of her duty of care. Ms Kelly denied the claim and, due to the potential amount of child cycling injury compensation that Bartosz might have received for his injuries, the case was scheduled to be heard at the High Court.

However, shortly before proceedings were about to commence, the High Court judge due to hear the case – Ms Justice Mary Irvine – was informed that the child cycling injury claim had been resolved without admission of liability and a settlement of 100,000 Euros in compensation had been agreed between the two parties. Ms Justice Mary Irvine approved the settlement, stating that she had sympathy for both the Zakrzewski family and Ms Kelly.

Posted in UK Child Injury Claims, UK Cycling Accident Claims - Comments Off

Man Awarded Cyclist Fall in Pothole Compensation

A man, who sustained arm and wrist injuries after falling from his bicycle when hitting a pothole in the road, has won his claim for cyclist fall in pothole compensation against his local council.

 James Tarrant (62) from Windsor, Buckinghamshire, was cycling to work early one morning in October 2008 when his bicycle fell into a pothole which had formed adjacent to a manhole cover on Bangor Road, Iver. In addition to sustaining arm and wrist injuries, James also had to undergo dental treatment to have a tooth extracted as a result of his accident.

After seeking legal advice, James made a fell in pothole compensation claim against Buckinghamshire County Council, alleging that the road was in a bad state of disrepair and, although he had his bicycle lights on, the road was so poorly lit that he only saw the hazard when it was too late to take evasive action.

After their own investigation into the accident, Buckinghamshire County Council admitted liability for James´ injuries and awarded him 4,191 pounds for cyclist fall in pothole compensation to account for his pain and suffering and the cost of dental treatment.

Posted in UK Cycling Accident Claims, UK Public Liability Claims - Comments Off

Another Cyclist to Receive Hit and Run Compensation

After last month´s news of a catastrophically injured cyclist who received compensation for a hit and run accident, another cyclist has been awarded hit and run compensation after the car driver that knocked him from his bike was traced and charged with reckless driving.

Jack Dixon (59) was cycling from his local station to his home in Great Waltham, Essex, during a September evening in 2010, when a car cut left immediately in front of him to avoid some temporary traffic lights that were situated directly ahead. The car hit the front wheel of the cycle with force, and sent Jack tumbling onto the road – leaving him with a fractured shoulder blade and a dislocated shoulder.

The motorist sped off, but a bystander who had witnessed the accident gave chase and was able to take down the car´s registration number. Police and solicitors working on behalf of Jack were eventually able to track down the reckless motorist, who admitted liability for accident and Jack´s injuries. The solicitors contacted the driver´s insurance company, and a settlement of 11,000 pounds hit and run compensation was negotiated.

Posted in Car Accidents in the UK, UK Cycling Accident Claims, UK Road Traffic Accidents - Comments Off

Paralysed Policeman Receives 2.5 Million Pounds for Utility Breach

An ex-metropolitan policeman, who sustained crippling spinal damage when cycling into barriers placed around electrical road work, has been awarded 2.5 million pounds in personal injury compensation at London´s High Court.

Alexander Kotula (27) from London Colney, Hertfordshire, was cycling along Park Street in St. Albans, Hertfordshire, in April 2006 when he fell into barriers placed around electrical work that was being done in the street  by EDF Energy Networks PLC and their contractors – subsequently ricocheting back into the path of an oncoming lorry.

The collision with the lorry left Alexander with devastating spinal injuries that mean he will unlikely to ever walk again, but it was alleged in a claim for personal injury compensation that the utilities company was responsible for Alexander´s injuries due to negligent way in which they failed to maintain a passageway through the works.

Judge Simon Brown QC at the High Court heard that EDF Energy Networks PLC and their contractors were conducting the works alongside a busy road, with no advanced warning to pedestrians or cyclists and no safety zone between the barriers surrounding the work and passing traffic.

EDF Energy Networks PLC admitted a breach of duty to protect road users from injury and Judge Brown awarded Alexander a lump sum payment of 2.5 million pounds lump sum, with annual index-linked payments of 30,000 pounds to cover the cost of his care and 16,000 pounds per year to compensate for Alexander´s loss of earnings until retirement age.

Posted in UK Cycling Accident Claims, UK Road Traffic Accidents - No Comments »

Cyclist Awarded 2,000 Pounds for Pothole Injury

A Yorkshire cyclist, who sustained cuts and bruises when falling from his bike due to a pothole in the road, has received 2,000 pounds in an out of court settlement.

Peter Lodge (52) of Hebden Bridge, West Yorkshire, was cycling near his home in October 2008, when the front wheel his bike hit a pothole in the road and he was thrown over the handlebars. Although Peter´s injuries were not serious, as a member of Cyclist´s Tourist Club (CTC) he felt that action should be taken considering the poor state of the road.

As the pothole had been formed around a Yorkshire Water valve, it was determined that Yorkshire Water were responsible for maintaining that particular part of the road in a safe condition and, supported by the CTC, Peter took legal action against the water company.

Peter has now been awarded 2,000 pounds in personal injury compensation, and the pothole has been repaired.

Posted in UK Cycling Accident Claims, UK Road Traffic Accidents - No Comments »

Cyclist Receives 5,000 Pounds after Crash with Road Sign

A Bournemouth cyclist is to receive 5,000 pounds in compensation from the Borough of Poole, after suffering an injury when crashing into an unlit temporary road works sign.

Bournemouth County Court heard how Mr. Roger Excell, a machine engraver from Bournemouth, was cycling to work along a dedicated cycle path in the early hours of August 14, 2007, when  he collided with the sign which had been left unlit on the path adjacent to Canford Way in Poole.

Despite having a strong headlight on his bicycle, Mr. Excell claimed that he did not see the sign until it was too late to avoid it. The impact from the collision split Mr. Excell’s helmet, caused an injury to his elbow and torn muscles and ligaments in groin and legs.

The court heard that Mr. Excell was unable to walk properly for months after the accident – having to use a Zimmer frame and walking stick for support, and undergoing a brain scan as a precaution against more severe injuries. Mr. Excell also had to take a week off from work during which time his wife, who suffers from arthritis, had to care for him and perform the daily household chores he was unable to do.

Making the award of 5,000 pounds and ordering the Borough of Poole to pay a further 8,000 in costs, the judge at Bournemouth County Court said he wanted to make it clear that they (the Borough of Poole) have a responsibility to protect cyclists and other path users.

Posted in UK Cycling Accident Claims, UK Road Traffic Accidents - No Comments »

999 Brain Damaged Boy has Compensation Approved

A teenage boy, who suffered catastrophic brain damage when hit by a police car on an emergency call, has had substantial damages approved in the High Court.

Greg Love was only 13 years of age, and just 200 metres away from his home in Bournemouth, Dorset, when knocked from his bike by a police car answering an emergency call.

It was alleged in the claim against Dorset police that the car was travelling at speed, without its sirens, and had overtaken a slower moving vehicle just seconds before the impact with Greg’s bike.

Greg, now 17, needs 24-hour care and attends the Victoria Education Centre in Branksome during the week – living with his family at weekends.

Judge Sir Christopher Holland approved the undisclosed compensation settlement at the High Court, which had been negotiated with Dorset Police without any admission of liability.

Posted in Brain Injury Compensation in the UK, UK Cycling Accident Claims, UK Road Traffic Accidents - No Comments »

Brain Damaged Student Awarded 2.4 Million Partial Settlement

A university student, who was knocked from his bicycle by an unsupervised, uninsured learner driver, is to receive a substantial compensation package for his injuries.

Hamish McCullough, now resident in Abingdon, Oxfordshire, was just 24 years old when the cycling accident happened in July 2001. Hamish was cycling near Wantage, Oxfordshire, when he was clipped by the wing mirror of a Peugot 205 driven by Gordon Mitchell, of Lambourne, Berkshire.

Hamish suffered a fractured skull and severe brain damage in the fall from his bicycle, and fell into a coma – spending more than a year in hospital. He now requires round the clock care from a team of medical professions.

In the High Court, Mr. Justice Cooke approved a negotiated settlement which consists of an immediate 2,450,000 pounds lump sum and annual index-linked payments of 120,000 to cover the cost of Hamish’s care for as long as he lives.

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Record UK Compensation Award for Commonwealth Cyclist

A record 13.75 million pounds has been awarded in compensation to a former Commonwealth Games cyclist who suffered horrific injuries in a road traffic accident during a training ride in November 1998.

Manny Helmot, now 39, from Guernsey, represented the British Crown Dependency in the 1998 Commonwealth Games in Kuala Lumpur, and was looking forward to a promising career which was brought to an abrupt finish when he was struck by a car driven by Dylan Simon, also of Guernsey.

Manny sustained terrible injuries in the accident, including the loss of use in his right arm, partial blindness and brain injury. He spent 36 weeks in hospital recovering from his injuries, and has since been cared for by his mother, Rose, and her partner, Ken Jordan, in their adapted Guernsey home.

The negligent driver was convicted of dangerous driving and an initial award of 9 million pounds made to Manny. However, Rose and Ken felt that this was insufficient to meet Manny’s lifelong needs and, at the Guernsey Court of Appeal, Judge Jonathon Sumption agreed.

By ordering Simon’s insurers, Tradex, to pay a further 4.75 million pounds, the previous UK record compensation award of 11 million pounds – made earlier this year to a road traffic accident victim in Wolverhampton – was eclipsed.

Posted in Car Accidents in the UK, UK Cycling Accident Claims, UK Road Traffic Accidents - No Comments »