12 April 2012

An overtaking lorry on Hackney Road "brushes by" cyclist: £11,000 recovered

Jane was cycling on Hackney Road in September 2010 when a  truck overtaking  knocked her off her bike pulling her along the ground.

Jane  suffered physical and neurological injuries and psychological difficulties after the accident. At the time, she was studying accountancy and was unable to continue her studies.  

We obtained  CCTV** evidence from Tower Hamlets council showing that the truck driver did not leave adequate space between the truck and Jane’s bicycle. We argued that the CCTV proved that the truck driver was at fault by getting dangerously close to our client’s bike. The Defendant’s insurers refused to admit liability and suggested Jane had lost control of her bike ( “had wobbled”). 

We prepared court papers and issued the claim with the Clerkenwell and Shoreditch County Court. We  obtained reports from a surgeon,  neurologist and psychiatrist outlining Jane’s  injuries.

We received an offer from the Defendant of £7,000.  That however did not account fully for Jane’s injuries and care needs and we put forward a counter offer of £11,000 which was accepted.  Compensation included a substantial claim for costs of public transport which Jane had previously avoided as a keen cyclist.

Jane was delighted with the settlement as it allowed her to begin to rebuild her life and put a terrible experience behind her.    However,  more than a year after the accident Jane had still not returned to cycling because of  heightened anxiety.

[*NB: Most local authorities retain CCTV evidence for 30 days only therefore it is very important to apply for a recording as soon as possible. The police may also request such evidence if there is a liklihood of a prosecution]

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