Briefly, our client, the Claimant (aged 48) suffered injuries (a fracture of his right scapula, other soft tissue injuries and a minor head injury leaving him with some temporary dizziness) in a road traffic accident on the 25 October 2013.
It was the Claimant’s case that he was cycling along a major A road in Leicester as he did every day, keeping about 2ft away from the kerb. He was freewheeling down an incline and believed he was doing about 15 to 20mph. Ahead of him, the Claimant saw the Defendant’s car in the centre of the road and as he approached the car proceeded to turn right across his path. The Claimant realised the car was not stopping when it was too late for him to break so he attempted to go round the front of the vehicle. He believed that he was struck inside the dotted line just after the entrance to a minor road.
The Defendant’s account to the Police was that the Claimant was cycling down the footpath and rode into the path of his vehicle after he had made the turn into the minor road. There were no independent witnesses. Liability was firmly denied.
This case was heard by a District Judge at Cardiff County Court and he found in favour of the Claimant. His financial losses were minimal and there was a 15% deduction from the damages awarded for his head injury as he had not been wearing a helmet at the material time.
S J Edney solicitors obtained compensation of £7,600 for this client during 2016