Earlier this year our legal advice / partners Poole Alcock LLP were instructed by two cyclists to pursue claims for compensation arising out of an accident which occurred during one of their training rides. Whilst it’s not pleasant to hear about cyclists having to pursue legal advice or action, it’s a constant reassurance to know that we work with the best in the business to fight our customer’s cases. In the words of Andrew Roberts at Poole Alcock, here’s what happened:
Both cyclists are experienced riders and were training towards the Kilo2Go Cheshire Cat Sportive and the Nantwich Triathalon. As many keen cyclists do prior to a race or sportive, training takes place around working commitments. On the day of the accident, the pair were out cycling at around 8.30 pm on a cold evening.
Both clients lived close to each other in Nantwich and had set off along the A51 towards Crewe. Unfortunately, this section of road didn’t have any street lamps and therefore, our clients were both relying on their bike lights for vision. In light of the fact that our clients were experienced cyclists, both had very good cycling specific lights on their bikes and helmets.
The road that the two were cycling along was the A51 which is a double carriageway road, with one lane of traffic in each direction. The speed limit is 60 mph and due to the narrowness of the road, it can be an extremely fast road for cars to travel upon.
Sadly, the accident occurred when our cyclists’ lights picked up a deserted vehicle which had been left on the side of the carriageway, blocking their path. In light of the lack of illumination of the vehicle in accordance with the Highway Code, the cyclists’ lights only picked it up at the very last minute, resulting in both cyclists colliding with the car.
Both cyclists suffered personal injury and subsequent financial loss in repair costs to their bikes, equipment and loss of earnings.
The accident was reported to the Police which turned out to have been crucial because liability was denied by the Defendant throughout the claim. The matter was issued at Court, irrespective of the fact that the Defendant made no admission of negligence and as such, a witness statement was taken from the Police Officer who attended the scene who was able to confirm that the owner of the vehicle had failed to comply with the Highway Code and also to confirm that the Defendant had been found guilty of an offence in that his position lamps were not lit when dark and stationary.
He received a fixed penalty of £30.0o. Despite this evidence, the trial was listed to be heard in front of a Judge and it was only a matter of days before this trial date that the Defendant decided to settle the claim.
Both clients received in the region of £5,000.00 for their respective claims. These claims are a good example of how perseverance and patience can be crucial when pursuing a claim for compensation.
Whilst we can prepare the best case with as much evidence in support as possible, we ultimately have no control over how the Defendant reacts to the claim. In this claim, the Defendant didn’t make any concessions until virtually the doors of the Court. It’s a testament to the clients that they persevered with their claims and they both received compensation for their claims.
Poole Alcock LLP are happy to help anybody who has suffered an injury, often serious injuries, as a result of somebody else’s negligence. Our experience can reassure and help clients through the claims process, especially when a claim does not take the usual course.
If you wish to discuss a potential claim or have any enquiries, please contact our Personal Injury Solicitors on 01270 762325. We are happy to provide free initial advice and you are under no obligation to go ahead.