Michelle had no way of avoiding the collision
There are precautions that we as cyclists can take when riding our bikes to minimise the risks of being involved in a collision on the road. Conversely, in some instances there is little that can be done to prevent a collision, as demonstrated in the recent case of our client Michelle who was hit by a vehicle from behind.
Michelle was cycling with a friend and was hit by a car travelling behind her shortly after turning right at a crossroads junction. She was knocked off her bike and landed on the bonnet of the car before falling onto the road in front of the vehicle. Had the car been going any faster the outcome could have been catastrophic.
Michelle had no way of avoiding the collision. The vehicle came from behind and she had no opportunity to take evasive action. Michelle was taken to hospital and treated for a fractured pelvis and multiple soft tissue injuries over her body. She worked hard at her rehabilitation and with ongoing physiotherapy she’s making a steady recovery.
Video evidence secures admission of liability
Luckily, the friend Michelle was cycling with at the time of the collision had a camera fitted to the front and back of his bike which captured the collision. The video footage of Michelle’s accident was used as evidence of the driver’s negligence. The footage also allowed us to demonstrate how dangerous the roads can be for careful and sensible cyclists like Michelle, and to educate drivers and remind them of the importance of being careful and considerate on the roads.
Whilst Michelle focused on her recovery, we were able to work on her claim. We took a statement from the friend she was cycling with and obtained a copy of the video footage. Thankfully, upon receipt of the footage, the third-party insurers agreed to admit liability on behalf of the driver. In turn, we focused our attention on obtaining medical evidence and securing treatment and an interim payment for Michelle to enable her to repair her bike and replace her damaged helmet and clothing.
Being involved in a collision is a painful and stressful situation. Let Cycle Law Scotland help
Fast forward eight months with Michelle’s determination and focus, she’s made good progress with her recovery and is slowly managing to re-build her confidence and strength to allow her to get back to some short, gentle bike rides.
Whilst we were able to obtain a swift and favourable settlement for Michelle who fortunately escaped any serious long-term injuries, being involved in a collision of any kind is a painful and stressful situation. Michelle has spent a considerable amount of time and effort on her recovery and she has lost valuable hours on her bike including a trip abroad which has had a knock on effect on her mental well-being. The outcome of Michelle’s case has been largely successful and the circumstances of the collision act as an important reminder to all road users to take full care and pay extra attention to vulnerable road users.
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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