Morning ride turns traumatic.
We were proud to represent a 10-year-old boy who was struck by a car while cycling to school along the pavement. As he passed a residential driveway, a motorist turned across his path and hit him, knocking him off his bike. The incident left him physically injured and emotionally shaken, so much so that he stopped cycling with his friends for months.
The driver denied responsibility, claiming there had been no contact and that the child had simply fallen. He also argued that the boy should not have been riding on the pavement in the first place.
Relying on this version of events, the driver’s insurers refused to accept liability.
Denial, dashcam footage and fight for truth.
Fortunately, the boy’s father, who happened to be driving past shortly after the incident, had a dashcam in his car.
While the footage did not capture the moment of impact, it did show his son on the ground, visibly upset, and the driver already out of his vehicle.
This evidence strongly contradicted the driver’s story and supported our client’s account.
Understanding the Law - children and pavement cycling.
It’s important to understand that, although cycling on the pavement is generally not permitted in Scotland, children under 12 cannot be prosecuted for doing so. Most careful road users recognise that young children cycling on pavements are simply trying to stay safe.
Despite this context and the supporting evidence, the insurer continued to deny liability, leaving us no option but to raise the case in court.
We built a robust case using medical evidence to document both the physical injuries and the psychological trauma our young client had suffered. Our legal team clearly demonstrated that the driver had failed to check the pavement before turning into his driveway and this was a crucial oversight.
Settlement brings justice and closure.
Just before the scheduled court hearing, the case was settled. The terms reflected not only the physical harm caused but also the lasting emotional impact on our client, who had felt wronged by an adult denying the truth.
We were proud to stand by this family and pleased to learn that our client has now regained his confidence, is cycling again, and has successfully completed his Bikeability training.
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.
Our Recent Case Studies
Pothole case Glasgow
An experienced cyclist suffered a serious wrist fracture after striking a pothole concealed beneath floodwater on a shared-use path at Hogganfield Loch, Glasgow. Cycle Law Scotland investigated the history of
Cyclist injured by German tourist on Scottish cycle path
Colin was cycling on National Cycle Route 75 when he was involved in a head-on collision with a German tourist who instinctively rode on the wrong side of the shared-use
Cyclist injured by hidden pothole secures full compensation
A keen cyclist suffered multiple injuries after hitting a pothole concealed beneath standing water near Kilmarnock. Despite attempts to reduce compensation, Cycle Law Scotland successfully secured a full settlement.
Leith Walk tram track cycling accident
Hannah suffered injuries after her bicycle wheel became trapped in tram tracks on Leith Walk in Edinburgh. Cycle Law Scotland investigated and discovered the cycle lane measured just 0.33 metres
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.