Our client was cycling along a footpath alongside a road, approaching a junction and intending to go straight across. He was a keen cyclist, having attended cycle rallies. Our client checked over his left shoulder and saw a van 10 – 15 feet behind him.
The van was not signalling therefore our client assumed the van driver also intended to go straight on. Our client continued on the footpath. Suddenly our client was struck from the back by the van driver who had mounted the footpath. Our client ended up under the van’s front bumper with knee and shoulder injuries.
The van driver was at fault because
· he failed to keep any proper look out to check that the footpath was clear
· he was driving too fast
· he mounted the footpath
· he failed to notice our client
· he failed to control the van either by way of stopping, swerving or otherwise to avoid the accident
· he injured our client by deliberately mounting the footpath
· failed to care for our client’s safety
Our client was taken to A & E where it was confirmed he had sustained damaged ligaments to a knee and shoulder. He was recommended a course of physiotherapy as his injuries prevented him from going back to work and also prevented him from cycling.
The van driver admitted liability and our client was awarded £3750 in general damages in accident compensation for injured ligaments to a knee and shoulder plus £400 for physiotherapy. Lawson-West also recovered additional compensation for travel to hospital appointments, replacement of clothing damaged in the accident, repairs to our client’s cycle and loss of earnings as our client had to take just over 4 weeks off work.
