Cyclist compensated after injured by delivery van while cycling down a country lane

Jonathan Herbert, specialist personal injury lawyer, successfully obtained undisclosed damages to compensate the claimant who was injured in a road traffic accident.

Mr C was riding his bicycle along a narrow country lane on the outskirts of Tunbridge Wells on a bright summer day when he encountered a van coming in the opposite direction, at excessive speed. The lane was narrow and there was room for only one vehicle to pass along it. Mr C did not have sufficient time to take evasive action and the driver did not make any adjustments to his speed or course. The van struck Mr C as it passed. When the police attended, the defendant denied that a collision had occurred. There were no independent witnesses although a third party who attended the scene of the accident, confirmed that he had previously seen the defendant’s van driving very fast, accelerating away from him.

Mr C severely injured his right dominant shoulder. He was taken to Tunbridge Wells Hospital and remained there for three nights. He was diagnosed with a fracture of his shoulder which had shattered into 16 pieces. Mr C was told that his long term prognosis was that he would never be able to raise his right arm above eye level. Mr C’s injury was significant with reconstructive surgery ultimately being required. The prognosis was that shoulder replacement surgery was inevitable.

Independent medical evidence confirmed that Mr C continued to suffer severe pain and was limited in his ability to undertake general tasks and was currently unable to resume his previous work to the same extent.

Liability was denied initially but the defendant agreed a settlement without the need for court proceedings to be commenced.

Jonathan Herbert specialises in claims involving injuries sustained in road accidents. If you would like to ask him a question about a potential case, or if you have a general query about any personal injury, contact him at Thomson Snell & Passmore solicitors on 01892 701226 in confidence.