£700,000 Compensation for Cyclist Hit by Car
A Cycling Accident Claim Case Study - Client Situation
Ms M was riding her bike on a cycle path when she was hit by a car and knocked to the ground.
At the time of the accident, she was wearing a bright pink cycle helmet with a flashing light on it, so was clearly visible to other road users. The car driver had also made eye contact with her just before the accident, so there was no doubt that she had been seen.
Ms M fractured her shoulder and banged her head, and was later diagnosed with a brain injury that caused memory problems and affected her speech for several months. She was also left with depression and Post Traumatic Stress Disorder (PTSD), as well as a squint that meant she couldn’t move her eyes properly following the accident.
After going back to work running her café business, she suffered dizziness and balance problems and also suffered from poor vision in one eye. Ms M was not able to do her job anymore and had to stop running her business.
She also moved house because of the accident, so her home could be all on one level. She had fallen down the stairs several times before moving so didn’t feel safe in her original home.
Ms M contacted our Personal Injury Solicitors for a free claims assessment and legal advice about making a cycling accident claim for compensation.
How We Helped
Personal Injury Solicitor Melanie Burden and Associate Chartered Legal Executive Gulderen Salih agreed to help Ms M with her claim, acting on a No Win, No Fee basis, and approached the car driver’s insurance company. The car driver had already been prosecuted and received points on his licence, so the insurer accepted complete responsibility for the accident.
This meant Gulderen could apply for Interim Payments of compensation, which would help Ms M pay for urgently needed medical treatment and other day-to-day costs. Meanwhile, a case manager was brought in to arrange treatment appointments for Ms M to make sure she received all the treatment she needed without delay.
Gulderen arranged for Ms M to have medical assessments from independent medical experts. They compiled detailed medical reports outlining her injuries and how serious they were. These helped Gulderen determine how much compensation Ms M would need to get suitable care and support.
Since the car driver had accepted responsibility for the accident, there was no dispute over paying compensation. Gulderen negotiated with the drivers’ insurance company over how much compensation Ms M should be awarded.
A settlement of £700,000 compensation was agreed and this was accepted by Ms M. This would be enough for Ms M to meet her living costs and receive any future eye surgery, cosmetic and neuropsychological treatment she needed.
The compensation settlement also considered the possible earnings Ms M had missed out on because of the accident, as she had been planning to grow her business and extend trading hours before being injured.
Since she was injured in a cycling accident through no fault of her own, it was only fair that this should be reflected in the final compensation settlement awarded to our client.
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Simpson Millar Solicitors are a national law firm with over 500 staff and offices in Bristol, Cardiff, Lancaster, Leeds, Liverpool, London, Manchester and Southport.