Cyclist Hit By Van Gets Settlement for Brain Injury and Future Treatment

Author:
Simon Stanfield
Partner, Head of Road Traffic Accidents
Date:
28/07/2021

Dan* was out cycling with a friend training for a triathlon when he was suddenly hit by a van. He was thrown from his bicycle to the ground and landed on his shoulder and head.

Although Dan had been wearing a helmet, he was knocked unconscious, and had to be taken to hospital by ambulance.

Dan spent three days in hospital and later needed extensive treatment over the next few years, including facial and dental surgery and several sessions of physiotherapy.

His injuries also meant he relied heavily on his wife for basic care, including help with washing, cooking and carrying out household chores.

Brain Injury Affected His Day-to-Day Life

The road traffic accident led to Dan suffering a traumatic brain injury, which seriously affected his day-to-day life. For example, he suffered from:

      • Reduced concentration
      • Memory problems
      • Regular headaches
      • Fatigue

The brain injury also affected his cognitive ability, which led to him making mistakes managing his finances and incurring a penalty from HMRC.

Dan tried to return to work but struggled, and was eventually deemed unable to work full-time, so had to reduce his hours significantly.

He also underwent psychological treatment during the years following the accident and had to take antidepressants, as he struggled with issues including:

        • Low mood
        • Lack of confidence
        • Panic attacks
        • Nightmares

How We Helped

Dan asked our expert Road Traffic Accident Solicitors to help him claim compensation, and we agreed to take on his case, even though the van driver responsible for the accident couldn’t be traced.

In situations like this, we can help people claim through the Motor Insurers’ Bureau, which helps people get compensation if the driver responsible for a road accident left the scene, was driving without insurance or cannot be traced.

We obtained medical evidence to support the claim, including a report from a neuropsychologist, who concluded that the psychological injuries he suffered in the accident led to him being unable to work at the level he could manage beforehand.

Compensation for Psychological Treatment and Financial Losses

Dan was awarded a total of £330,000 in compensation, which reflected the severity of his injury and the impact it had on his life, for example his lost earnings.

The settlement also covered the cost of his damaged bicycle and clothing. As he was training for a competition, Dan had owned a top of the range bicycle and accompanying equipment.

Dan also now has the means of accessing the psychological treatment he needs in the future, which is expected to cost several thousand pounds, as well as more dental treatment.

*not his real name

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