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.
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.
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.
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 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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