Compensation secured for cyclist run over by lorry
John was cycling to work on his Brompton bicycle, travelling westbound along Crawford Street, London W1 towards the junction of Crawford Street with Seymour Place, at which he intended to travel straight on.
As he approached the junction the lights were red and he saw a large 7.5 tonne box lorry waiting at the lights. John did not see the vehicle indicating and therefore proceeded along the bike lane on the nearside of the road.
Before John had slowed to a stop, the traffic lights changed from red to green, and the lorry started to move off. Without warning the lorry started to turn left into Seymour Place, colliding with John's bicycle, knocking him off and then running over his torso.
Thankfully an ambulance happened to be in the vicinity of the accident scene, and tended to John almost immediately. John was taken by ambulance to St Mary's Hospital.
John suffered an unstable fracture to his pelvis, fractures to his left ribs, a fracture of the 4th right metacarpal, a collapsed lung, significant internal bleeding and various soft tissue injuries. His condition was deemed critical.
John was transferred from St Mary's Hospital to Charing Cross Hospital where he underwent surgery to fix his unstable pelvic fracture under general anaesthetic on 18 June 2010.
John remained in hospital until the end of July, having developed post traumatic pancreatitis and having required a further surgical procedure under general anaesthetic after a failed stent.
John continued to suffer from problems with his pancreas and was re-admitted to hospital for surgery on 03 September 2010 and again on 30 September 2010 for further surgery.
John was initially wheelchair bound before being able to mobilise with crutches and then unaided. He was unable to return to work until January 2011, lost nearly 20kg in weight and is left with significant abdominal scarring.
We were instructed to pursue a claim against the lorry driver and his employer. Liability was denied throughout the claim and a trial was listed for May 2012.
The defendants argued that John was responsible for his own injuries as he had failed to note the lorry indicating, and placed himself in a position of danger.
The defendants provided witness evidence from the driver of the vehicle behind the lorry, who claimed the lorry was indicating prior to moving off.
We also obtained witness evidence from a cyclist on the other side of the road who confirmed that the lorry had not been indicating at any stage.
We obtained expert evidence from an orthopaedic surgeon, a plastic surgeon, a psychiatrist and a pancreatic surgeon and we were able to settle John's claim for £90,000.
Mark Bowman acted under the terms of a no win no fee agreement and John will not pay any legal fees from his damages.
At the end of the case, John said:
"Mark came highly recommended by a friend of mine who's a partner in a top law firm. This was my first ever legal dispute and, at first, the prospect of a complicated legal case seemed daunting.
However, Mark's obvious subject matter expertise and relaxed demeanour made the process much easier and less overwhelming.
He's the kind of attorney that takes you through the process reassuring you and explaining every angle of the case so the complex decisions you have to make are well informed and clear."
Contact us
For further information about road traffic accident claims and cycling accident claims, please call Mark Bowman on 03304606794 or email mark.bowman@fieldfisher.com.
Alternatively
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