London Cycling Injury Case Studies

Successful claim by cyclist injured after a hit-and-run

Our client had been playing volleyball in the New Cross area of London and the accident occurred as he was cycling home. The roads that he was cycling on were familiar to him and he had used them many times before. He was travelling in the direction of a junction which has two roundabouts. As he was exiting the second roundabout, he became aware of a red vehicle approaching the roundabout. The car did not slow down or stop and proceeded to enter the roundabout. The front of the car hit the left side of our client’s bike, by the pedals. The impact knocked him off his bike to the right and he landed on the road hitting his head. Thankfully, he was not knocked unconscious, but he was dazed. The driver of the car that hit him did not stop, and our client was unable to take down its vehicle registration number.

He instructed Blanca Diego, a specialist cycle accident lawyer at Osbornes Law to help him. Blanca referred the matter to the Motor Insurer’s Bureau under the Untraced Agreement. The MIB admitted liability for the accident and instructed a Consultant in Accident and Emergency Medicine. The expert concluded that, as a result of the crash, our client had sustained a soft tissue injury to the right shoulder, which should recover within 18 months; a soft tissue injury to the chest, which recovered within 2-3 months and psychological symptoms.

Unfortunately, our client did not recover in line with the expert’s prognosis and the MIB instructed an Orthopaedic Surgeon. This expert referred our client for an MRI scan of his right shoulder and after reviewing the MRI scan, his conclusion was that our client had pre-existing degenerative changes and that the accident may have brought forward symptoms in a previously silent condition. The expert considered that the period of acceleration was two to three years, and recommended a steroid injection to the shoulder.

The Claimant was also examined by a Consultant Psychiatrist who concluded that he developed an Adjustment disorder. Most psychiatric symptoms resolved after about 12 months, but in this case, our client was still suffering residual symptoms. The expert recommended 6 sessions of cognitive behavioural therapy.

The MIB made an initial offer in the sum of £11,630, which included an amount for the injuries themselves, psychological treatment recommended by the expert, help and assistance provided by family members and medication.

Blanca advised her client not to accept this initial offer and a counteroffer was made. The matter settled for over £14,000 in February 2023.

Blanca comments:

“A cycling journey my client had taken hundreds of times previously ended up with him being the victim of a heartless ‘hit and run’ driver, who spared no thought for the danger he had placed my client in. This case is a good reminder as to why a ‘quick settlement’ is not always a good settlement. The impact of his injuries did not heal as initially thought and had a long-term effect on his physical and mental help. We were very happy to help him achieve this settlement and some closure of what had been a very distressing period for him and his family.”

Cyclist hit by a car at crossing settles claim for injuries

Our client was crossing the road at a traffic light-controlled crossing. She was pushing her bicycle with her right hand and the traffic lights were still permitting her to cross. Our client was hit by a car, which was coming from her right side and should have stopped. She had almost reached the kerb when a car hit her. The impact of the collision was on the right side of the abdomen and hip. The force of the collision meant that she fell to the ground injuring her foot. Blanca Diego was instructed.

As a result of the collision, our client sustained multiple injuries including a right-sided comminuted fracture to the base of the 5th metatarsal and soft tissue injuries to the right hip, right hand and abdomen.

Blanca Diego comments:

“Even though my client sustained some nasty injuries, such was the force of impact, it is unthinkable to imagine what would have happened had she not been close to the kerb when she was struck. Thankfully the soft tissue injuries resolved after a few months. The fracture however took longer to heal and meant that she had to wear a black boot and use crutches. This did of course impact my client’s life.”

The fracture eventually healed 10 months after the date of the incident.

After negotiations concluded, a settlement was achieved for over £6,000.00

Cyclist received compensation after a hit-and-run crash in London cycle lane

Blanca Diego acted on behalf of our client who was cycling in the cycle lane, next to a bus, when another vehicle exiting a side road, crossed the main road and drove onto the cycle lane and into the path of our client.

The collision caused our client to fall from his bike and rendered him unconscious. He finally regained consciousness a short time later in an ambulance, on the way to A&E. It was at this point that he discovered that the driver of the vehicle had not stopped at the scene of the collision.

On instructing Blanca, she referred the case to the Motor Insurer’s Bureau (MIB) under the ‘Untraced Agreement’.

The MIB admitted liability for the accident and instructed a Consultant in Accident and Emergency Medicine. The expert concluded that, as a result of the accident, our had sustained the following injuries:

1. Whiplash to the neck, with associated headaches;
2. Soft tissue injuries to the lower and middle part of the back, with difficulty lifting objects;
3. Severe anxiety due to psychological trauma; and
4. The loss of teeth (first and second incisors).

Further reports were obtained from a consultant psychiatrist and a dental surgeon.

The consultant psychiatrist concluded that due to the collision, our client was experiencing moderate ‘situational anxiety disorder’, which manifested itself as a fear of travelling, and moderate symptoms of ‘post-traumatic stress disorder’.

These psychological symptoms were moderately affecting his social, cognitive and emotional function and the expert recommended 8-10 sessions of CBT to aid his psychological recovery.

The MIB released an early interim payment of £1,000 so our client could fund the recommended treatment.

The dental surgeon’s report confirmed the future dental treatment that our client would require.

The MIB made an initial offer of £23,000 (£15,000 for general damages and £8,000 to cover future dental treatment).

In response to this offer, Blanca drafted a detailed Schedule of Loss confirming all the past/future expenses resulting from the collision. This and a counteroffer was made to the MIB and the case settled for nearly £35,0000

Blanca comments:

“Cycle lanes in London are meant to offer cyclists a measure of protection and confidence when cycling. My client was subject to a wholly avoidable collision by a driver who did not respect the division of the road into a cycle lane and who then cowardly sped away from the scene of the crash.

This case is a reminder that sometimes psychological injuries take longer to heal and can have a profound impact on an individual. My client, who had been outgoing and sociable before the collision, was sadly reduced to a shadow of his former self. We were pleased to arrange for an interim payment to be made to him in order for CBT therapy to begin.”

Interim payments are made before the conclusion of a case. Such payments are crucial to ensure appropriate medical treatment can be pursued. In other cases, they are used to pay for home alterations needed to allow the injured person to continue living in their home.

Cyclist claims compensation for a head injury following a road accident

Our client was cycling on a straight road. There was a stationary vehicle on the left side of the road and when our client was around 10 feet away, the Defendant suddenly pulled out straight into the cyclist’s lane. Our client tried to swerve around the Defendant but did not manage to avoid the collision. As a result, our client landed on the road, on the crown of his head.

As a result of the impact, he suffered severe pain and felt dazed. Thankfully, he was wearing a helmet which prevented a brain injury. An ambulance took him to the A&E department of a local hospital, where he had a whole-body CT scan which was normal.

Osbornes instructed a Consultant in Accident Emergency Medicine and an ENT Surgeon. The experts concluded that, as a result of the accident, the Claimant had sustained the following injuries:

• a minor head injury, which should have resolved within 6 months of the accident;
• an acute neck sprain with pain radiating to the right shoulder, which should resolve within 12 months of the accident;
• a soft tissue injury to the lower back, which resolved after 3-4 weeks and
• left ear tinnitus, which is permanent and of moderate severity.

The Consultant ENT Surgeon recommended a recourse of tinnitus counselling and the fitting of a masking device. Other expenses recovered for the Claimant included the bicycle repair costs, travel expenses, damaged clothing and a broken helmet.

Our client made a first offer of £24,0000. The Defendant came back with a counteroffer of £20,116 and the matter settled for £22,152.