Philip takes evasive action to avoid collision
Philip was riding with a friend on an unclassified road which runs parallel to the A702 road between Peebles and Clovenfords. As the cyclists proceeded around a left-hand bend downhill, a Tesco delivery van was approaching at speed from the opposite direction. As uncovered in investigation surrounding the claim, this driver did not have any deliveries to make along this road which begs the question as to why he had chosen this route using the narrow road in a large van.
As Philip rounded the corner, the van maintained its speed and did not yield from its path. This caused Philip to take evasive action to avoid a head-on collision. He veered to the left as the van came towards him and due to the quick and necessary action, Philip lost control of his bicycle and hit the gravel at the side of the road. All the while, the Tesco van maintained its speed and left the scene.
Cycle Law Scotland intimate claim
Cycle Law Scotland intimated a claim on behalf of Philip to Tesco as he had suffered some nasty injuries to his hands in his efforts to avoid the head on collision. We knew the rough time of the incident and we also knew that all Tesco delivery vans were fitted with GPS trackers and other technology which provides information about the journey. Therefore, we were able to gather the information required to make a case for compensation for Philip.
Although Tesco initially denied liability, the information provided showed that at the time and location of the incident, the vehicle was “excessively accelerating” and also “cornering harshly”. This information helped enormously with Philip’s claim as it proved negligence on the part of the driver, and on the part of Tesco through vicarious liability.
Settlement offer made by Tesco
The driver claimed he was unaware that a collision had occurred, which is negligent in itself in that he had not been taking due care on a narrow rural road. This claim went all the way to the pre-trial meeting where Thomas Mitchell explained what the tracking information showed to the lawyers representing Tesco. A settlement offer was made by Tesco at this point and was accepted by our client.
Our Award Winning Team
Brenda Mitchell
Senior Partner
Brenda has been a Personal Injury Lawyer for over 38 years and for the last 20 years has specialised representing injured motorcyclists, cyclists and pedestrians.
Jodi Gordon
Partner
Jodi is a Partner at RTA Law LLP with 14+ years’ experience in catastrophic injury claims for vulnerable road users including cyclists and motorcyclists.
Thomas Mitchell
Partner
Thomas represents clients who have been involved in road traffic incidents and he specialises in representing vulnerable road users such as pedestrians, cyclists and motorcyclists.
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