A car pulled out of the petrol station straight into the path of Rory’s push bike. In performing an emergency brake, Rory went over his handlebars and as he attempted to break his fall on the road, he suffered undisplaced fractures of both wrists and damage to one front tooth which developed crazing of the enamel. He also suffered a permanent cosmetic scar on his calf.
Ironically, Rory’s quick reactions saved the car from sustaining any impact damage. This was repaid by the car driver pointing out to passers by, who had stopped to help, that his car was unmarked and that Rory must have just fallen off the bike through his own fault (cyclists do these things, you know!).
Although the garage had no CCTV cameras facing the road, (we went along to investigate), a helpful motorist who had given his details to Rory, provided a very clear witness statement** which put the blame squarely on the driver, whose insurers took a more sensible attitude than he had. They did not dispute liability and Rory recovered £10,000 for his injuries, including his out-of-pocket losses and the cost of a new porcelain veneer for his tooth. (There was no loss of income). Insurers also paid his legal costs in full. (Our client’s name has been changed).
**Guidance: If you are ever in a road traffic accident always try to get the name and address of any witnesses, or ask some else to do so if you are not able because of your injuries.