The Claimant was cycling along the slipway onto the A46 in Warwick at approximately 21:10pm. The Claimant was wearing a high visibility waistcoat, a bike helmet and had lights on his bike, including flashing rear lights.
The Claimant was tucked into the left of the nearside lane but had to suddenly pull out slightly to avoid a pothole in the road. The road was clear, but the Defendant’s vehicle was travelling behind the Claimant in the nearside lane instead of the offside lane and as the Claimant swerved to avoid the pothole the Defendant’s vehicle clipped his handlebar knocking him over onto the grass verge.
The Claimant was taken to hospital with a dislocated left shoulder and multiple fracture injuries to his left and right legs and ankles requiring surgical intervention and rehabilitation. The Claimant made a good recovery from his injuries however he was unable to return to his love of cycling.
The Claimant was awarded compensation in the sum of £40,000 which had to be approved by the Court as the Claimant was a protected party. A Personal Injury Trust was set up on behalf of the Claimant to ring fence the compensation monies to ensure he retained Social Services benefits.