No direct collision, but Cycle Law Scotland can still help

Sometimes we have clients who approach us having suffered injury due to the negligence of another driver, even though there has not been a direct collision.

This was the case for Derek who approached us following a cycling accident. He was cycling near Raytheon, Aberdeenshire when he came across a line of traffic travelling in the opposite direction. Derek noticed one of the cars pulling out to overtake and moving into the opposing carriageway heading directly towards him.

Changing Solicitors

Derek took a dive to avoid the car

Derek had only a split second to react and his instinct was to dive to his left to avoid a collision. In so doing,, he fell towards the grassy embankment on the left-hand side of the road incurring injury to his chest, neck and leg. His bicycle was also damaged and much of his kit was ruined.

The car that caused Derek’s accident didn’t stop. Fortunately, he was riding with an action camera and was therefore able to identify the vehicle involved and report the incident to the Police. They identified the driver and charged him with an offence.

Cycle Law Scotland

Insurers immediately admit liability on part of their driver

Derek approached Cycle Law Scotland to progress a claim for his injuries and damage to his bike and kit. Having viewed the footage, we were clear that Derek’s injuries had been caused by the negligent overtake of the driver when it had not been clear to do so. From the registration number of the vehicle shown in the footage, we were able to identify the insurers and intimate a claim. When the footage was displayed to them, they immediately admitted liability on the part of their driver. We were then able to negotiate a settlement for Derek to include his injuries, his ruined kit and the damage to his bike.

Motorcycling Injuries

Criminal charges follow

We were also heartened to see that Police Scotland had taken the investigation of this incident seriously and the matter had been passed to the Procurator Fiscal for criminal charges. Following an initial ‘not guilty’ plea, the driver pled guilty to careless driving on the day of the Trial and received 5 points and a £520 fine.

Our Award Winning Team

Brenda Mitchell - Senior Partner

Brenda Mitchell

Senior Partner

Brenda has been a Personal Injury Lawyer for over 35 years and for the last 20 years has specialised representing injured motorcyclists, cyclists and pedestrians.



Jodi Gordon - Partner

Jodi Gordon

Partner

Jodi has predominantly represented cyclists involved in road traffic collisions and specialises in assisting those who have suffered very serious and complex injury.

Thomas Mitchell - Associate

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.

Our Recent Case Studies

Roundabout disagreement

A cyclist is knocked off his bike at a roundabout when a car enters from his left. However, the driver's insurer insists that it was the cyclist who rode into

Garve level crossing railway tracks

Cyclist comes off bike due to railway tracks and sustains injuries. Poor signage and track design are to blame.

Road racing legend injured by pothole

Jocky Johnstone, well known Scottish road racing legend, is badly injured when thrown off his bike after hitting a deep pothole.

A tale of two Councils and an expansion joint

A damaged bridge expansion joint causes a cyclist to come off and sustain serious injuries. However, a denial of ownership and responsibility between two councils causes problems and inevitable delays.

Is it worth 5 minutes of your time?

A quick phone call allows us to ask you a few questions about what happened to you and determine whether we can help. 

This form collects your name and phone number so that we can contact you. Check out our Privacy Policy for more detail on how we store, process and protect your submitted data. If you choose not to consent, please use an alternative contact method shown on our Contact page.

Get in Touch

Name(Required)