Car turned across Peter's path
Peter got in touch with us at Cycle Law Scotland just a few days after suffering a nasty cycling accident in Banchory, Aberdeenshire.
He was out cycling with his friend and having stopped for a coffee were returning to Aberdeen along the main North Deeside Road. A motorist travelling in the opposite direction somehow didn’t see them and turned right across their path. Peter had no time to avoid the car and collided with the nearside of the vehicle. His friend only narrowly missed a collision too. Peter was taken by air ambulance to Aberdeen Royal Infirmary and was diagnosed with a fractured right clavicle.
Cycle Law Scotland intimate a claim
The driver who caused the incident stopped, as did many other passing motorists. The car that had been following Peter and his friend captured the whole horrifying incident on dashcam. It’s difficult to understand how an accident like this can happen on such a beautiful day, when Peter and his friend were so clearly there to be seen.
We were able to identify the insurers for the vehicle and intimate a claim to them. Liability was quickly admitted and settlement was agreed for Peter’s S-Works Tarmac SL6 bike which was written off. However, it was Peter’s loss of earnings that became the point of dispute with Insurers. As a self-employed contractor working in the oil and gas industry, Peter lost a significant amount of money whilst he was unable to undertake scheduled offshore work. We sought an interim payment to reimburse Peter for his loss of earnings, but the insurers failed to respond to our request. Given the lack of response and wanting to ensure that Peter was reimbursed for his loss of earnings as soon as possible, we raised his case at the All Scotland Personal injury court. Once the case was raised, we were able to secure an interim payment for Peter to reflect his loss of earnings.
Full and final settlement negotiated
Meanwhile, Peter’s fractured clavicle was failing to heal. Whilst a common injury for cyclists, most fractured clavicles do heal by themselves, but some do require surgery if the bone is in the wrong position or it is failing to heal. As an active man, keen cyclist and swimmer, with two young children, Peter’s broken clavicle caused him difficulties when lifting or carrying, not to mention the disconcerting feeling of a broken bone that would not heal. Peter underwent surgery to fix his clavicle using metalwork and being the impressive character that he is, reported being back on the turbo trainer in short order, doing training sat upright!
After recovering from his clavicle surgery, we were able to get medical evidence on his injuries and negotiate a full and final settlement of his case to include his injuries, his loss of earnings and his bike and kit.
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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