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Liability
 100% finding against motorist who struck rear wheel of cyclist on roundabout. No witnesses. Cycle Aid forensic reconstruction. (Southend)
100% finding against truck driver who clipped cyclist with tractor unit when overtaking. No witnesses. Reconstruction on basis of spread of broken glass from trucks indicator (Bristol)
100% finding against on-coming bus driver who pulled out in front of cyclist to pass a parked car. Bus driver argued because no contact between cycle and bus (cyclist emergency braked and came off) there was no liability. (Winchester)
75% finding in favour of motorcyclist who collided with abandoned vehicle on motorway. Case taken on by Cycle Aid after insurer's panel Solicitor refused to run it. (Kirkham)
66.6% finding in favour of lady motorcyclist who was struck as she overtook a line of stationary traffic by a car pulling out from the near side. Insurers argued fault should be divided equally. (Cheshire)
And some one-offs:
£30,000 for member of Trans African expedition when she was run over by the Tour Bus which had become stuck in mud. (Zaire)
£18,500 for novice skier who suffered leg injury as a result of being fitted out with inappropriate kit by the holiday company. (Italy)
Cyclist travelling along dual carriageway in dark and wearing dark clothing knocked off by motorist joining from slip road. Liability initially disputed. Meteorological Investigation revealed there had been a frost overnight. It transpired that the motorist was driving with frosted windows with only small area cleared. 90% finding against motorist. (Bournemouth)
£70,000 recovered for cyclist injured in a hit and run. (Norfolk)
Cyclist hit by motorist when crossing a road. Liability denied. Reconstruction involving detailed measurements of road and calculation of time/distance in which cyclist was in motorist's view led to 100% liability finding. (Gloucester)
£77,500 awarded to cyclist hit on nearside by motorist pulling out of side road.
Remember, anyone can call themselves 'specialist' or 'expert'. We think the only experts are dead ones because learning is life-long; no one knows it all. Especially the 'specialist' in motorcycle claims who dismissed their (subsequently our) client's case with the following letter:
Solicitors
11th April 1996
Dear Mr H
Re: Your Accident
Further to the above we would advise that the defendant have repudiated your claim on the basis that they are of the view that if a vehicle stops on a carriage way, the vehicle following it should be travelling at sufficient distance to stop. We have to say that we are of the view that that situation will arise here and you will not have a successful claim
However, prior to closing the file we have written for a copy of the police report to see what the various statements say and will revert to you in due course.
Your Sincerely |
After a little rudimentary investigation (and some highly illegal early morning measuring of the motorway!) we achieved a 75% liability finding against the car driver and over £200,000 damages for our man.
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