The Court of Session in Edinburgh has awarded an agreed settlement of £100,000 compensation for injuries in a cycling accident after establishing liability.
Fifty-two year old David Robinson was cycling with eleven other members of the Edinburgh Cycling Club along the A701 near Broughton when – on 1st December 2013 – he led the group of riders towards the bridge crossing the Biggar Water.
As David approached the bridge, the front wheel of his bike stuck in a metal groove in the road surface. David was thrown from his bike and landed on his right arm – sustaining multiple cuts and bruises, soft tissue injuries and fractures to his wrist and elbow.
A subsequent investigation into the accident discovered the groove in the road surface was caused by a joint between an old masonry arch and a newer concrete construction and it was one of several that sat proud of the road surface and caused a hazard.
David claimed compensation for injuries in a cycling accident against Scottish Borders Council – who contested the claim for compensation on the basis that the metal groove did not constitute a defect, and that David´s accident was more likely due to his own lack of care.
Despite the dispute over liability, an assessment of David´s injuries was conducted. It was agreed that if Scottish Borders Council was found negligent, David´s settlement of compensation for injuries in a cycling accident would amount to £100,000.
When the case went to the Court of Session, Lady Wolffe was told that the metal groove would not have been proud of the road surface if roadworks conducted by the council in May 2015 had been completed competently. The roadworks, it was claimed, should have brought the level of the tarmac on the road up to or above the level of the exposed joint.
The judge found in David´s favour – dismissing the council´s argument that David should have taken more care to prevent his accident. Lady Wolffe said there was no evidence to support allegations that David was riding inappropriately “in either speed or manner, having regard to the weather and road conditions”. The judge then confirmed the settlement of compensation for injuries in a cycling accident at £100,000.