Our specialist Personal Injury team has successfully represented a client who was physically and psychologically injured in a cycling accident. In addition to damages for Personal Injury we recovered the full cost of a replacement cycle and helmet and a payment for inconvenience. This case study shows the impact that a cycling accident has not only physically but also psychologically and the dangers that can be encountered by cyclists.
How did the accident happen?
Our client was cycling on a road in Glasgow when a parked car performed a U-turn directly in his path. He was unable to avoid a collision and was thrown onto the windscreen of a parked car with such force that the impact cracked the windscreen. Our client then bounced from the parked car onto the road and suffered injuries.
We were able to prove negligence on the part of the car driver and we successfully recovered damages for our client.
What injuries did the client suffer as a result of the cycling accident?
Immediately following the accident our client was taken to hospital by ambulance where he was examined, given treatment and discharged. The following day our client was in severe discomfort so required to attend hospital again. Due to the way our client landed he suffered an orthopaedic injury to his neck and left shoulder discomfort. He had abrasions to his forehead and left elbow. He suffered for approximately eight weeks from the physical injury following the accident.
The initial three to four weeks following the accident were the most painful - the client used regular painkillers and the injury interfered with his sleep.
Our client suffered a debilitating injury in terms of the anxiety which followed the accident and this led to loss of enjoyment of cycling for him. Our client described that he no longer felt confident when riding his bike and was nervous and anxious as a result of the accident.
How did our Personal Injury solicitors help?
In order to show the extent of our client's injuries we instructed medical reports including one which assessed the extent of his anxiety caused due to the accident. When representing clients it is the necessary to show all losses and provide medical evidence to show the nature and extent of injury. This is the case for all injuries including psychological ones.
What is the law in relation to cycling accidents?
Car drivers owe a duty of care to cyclists who are travelling on public roads. This duty of care owed is to keep a proper lookout for other road users, including cyclists, and to take reasonable care to avoid causing accidents on roads. In this accident the car driver failed in these duties and as a result of this failure our client suffered injury and loss. The law states that all loss and injury that is reasonably foreseeable can be recovered from a negligent party - in this case the car driver.
We were able to prove that the car driver failed in these duties and that all injuries (including psychological ones) were caused by the driver's negligence.
The client's bike was unable to be used again and there was a crack the full length of his cycling helmet. Even in the client's cycling helmet had not been cracked then it is advisable that all cycling helmets should be replaced when being worn by a person involved in an accident such as this one.
Contact our personal injury solicitors
If you've suffered a similar injury our solicitors can help you secure the justice and compensation you deserve.
The small print: This blog is for information purposes only and should not be construed in any way as providing legal advice.