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A cyclist at a velodrome.

Fatal Velodrome incident successful conclusion | 7 years of litigation

An account of grievous life changing injuries and ultimately death following a crash in a regional Velodrome.

Recent coverage of the claim

As part of our investigation, a specialist team were instructed to analyse multiple areas including grip testing, environmental testing for dirt and debris, CCTV analysis and accident reconstruction. You can read the full technical case study on the TRL website here.

In addition to the investigation case study and our own account, this crash, which changed the lives of our client and his family, was also the subject of a seminar addressed by the barrister who had represented one of the (losing) Defendants in which he observed “They threw the book at us”. The TRL article of the forensic examination of track and tyres is one chapter in that ‘book’.

The incident and injuries

Our client was one of a group which attended a Velodrome taster session. He was caught up in another rider’s crash in which he had played no part other than being in the wrong place for a split second. The lead rider was up the banking during a full lap change when his tyres lost grip causing the bike to slide down and into the path of the string passing beneath.

Illness or injury are inconvenient because life is disrupted and we are out of sorts. The ‘to do’ list gets longer. Plans go on hold; the consequences are in direct proportion to the severity of the affliction.

The worst which can be suffered is what some lawyers rather uncompassionately refer to as the ‘total wreck’ cases, which means the loss of mental or physical function, or both. The ultimate life changing injuries where the victim becomes wholly dependant on others for their survival. Where all privacy and dignity are lost.

An insight can be gained from Melanie Reid’s book ‘The Life I fell out of’ and her series in The Sunday Times called Spinal Column; while massively life changing for Ms Reid, her injuries and their consequences were less devastating than those sustained by our client in this incident, whose spinal cord injury was so complete that he could do nothing at all save communicate; although his mental faculties were intact and he could speak and breathe, that was sadly about the limit.

For everything else: all movement, nourishment and, as the medics put it, eliminations, he was dependant on others. This involved PEG (through a tube) feeding, manual evacuation of bowels, catheterization, therapy to maintain lung function and prevent pressure sores.

After 18 months of this existence, in which he passed through several eminent spinal units and ultimately after returning to his own (by this point adapted residence), our client developed pneumonia and sadly passed away.

From March 2012 to September 2013 our client was the overarching focus for his wife and adult children, initially visiting him at the three hospitals where he was treated and finally re-organizing their retirement bungalow into a de-facto hospital with rooms given over to live in and waking carers and all the paraphernalia necessary; hoists, wash rooms, custom bed, and so on.

Against this background, it was the remark of the barrister that prompted us to write this story.  It seemed a rather peevish thing to say. “What did he expect to happen?”.

The claim

The TRL investigation clearly revealed that the coloured tyres fitted to another participant’s privately owned bike, which had been admitted for use in the index Velodromes for a taster session, (as opposed to the bikes hired from the Velodrome by our client and others, about which there was no complaint) offered significantly less adhesion than tyres manufactured with conventional treads. It was this bike that perpetrated the disaster.

The timeline of events in this case is highly significant.

The crash occurred in March 2012. Once the family had collected their thoughts, with our client as first priority, they sought legal advice from Cycle SOS Consultant Solicitor Paul Darlington the following year.

Prohibited tyres

One of the legal team’s first lines of inquiry led to the web pages of the National Velodrome in Manchester, the home of British Cycling from which all wisdom flows.  A prohibition on the use of dual compound and/or coloured tyres in a velodrome environment was found to be published on the website.

If that was the state of knowledge, what was the index Velodrome doing by allowing a bike with suspect tyres onto the track? Especially as its owner /rider had made a point of checking with the organizer of the taster session and with the Coach in charge that his bike was compliant. It was hardly the end of the world if it wasn’t; he would have simply gone to the stores and hired one.

Cut and dried, surely?

Apparently not. There did not appear to be any record or audit trail as to when the prohibition had been published on the National Velodrome’s web pages nor why. No-one connected with the National Velodrome could recall any history at all. The stance adopted was that the knowledge and publication post-dated the crash, so the index velodrome and its staff could not be criticized for allowing the bike onto the track with its coloured tyres. No-one, it was said, was in a position to know. Not the Coach, nor the Velodrome staff. Several of the staff signed Witness Statements (verified with Statements of Truth -the equivalent of giving evidence on oath) to that effect.

So if there was no actual or implied knowledge of the poor grip afforded by these particular tyres at the time, how could anyone be to blame? Which meant that a second allegation had to be pursued: track cleanliness.

Track cleanliness

Irrespective of the Velodrome’s inability to evidence the methodology of any track cleaning system in place at the time, this was also refuted by Insurers. It was significant, because the constructor of the facility was on record (Cycling Weekly interview, November 2010) as emphasising the need for track cleanliness, going so far as to describe appropriate cleaning methods in the Track Manual provided to the Velodrome’s management on completion.

Hence the second limb of TRL’s investigation involving the analysis of the dirt extracted from clothing (which had been preserved) worn by one of those involved, collected as he slid down the banking.

Approaching trial

The Family approached trial in a state of some uncertainty. The defendants, that is the Velodrome Management and the Coach (through British Cycling’s Insurers), were sheltering behind the absence of knowledge defence set out in statements from their witnesses of fact. Until……….

Internet research in another country revealed a website with postings from 2010 which quoted the wording found on the National Velodrome’s website in 2013 verbatim. There was even a hyperlink to the National Velodrome web site.

Further research located posts made by visitors to the National Velodrome in 2009/10 quoting remarks attributed to coaches concerning the shortcomings of coloured or dual compound tyres in that era, 2 years before the crash with which we are concerned.

Suddenly the absence of knowledge defence wasn’t looking so strong and a negotiated settlement soon followed.

What could the defendants have done differently?

As the claimant’s representatives, we were quoted as having ‘thrown the book’ at the Defence. If this was the case, it was only because there was no other option. Had someone in the governing body happened to find (or look for) the paper trail which led to the cautionary posts on the web site or actually remembered the history, then everything could have resolved sooner and less acrimoniously. The clients family would not have had to endure 7 years of bitterly contested litigation. The insurers of the losing parties would have had smaller costs bills to pay.

Furthermore, had our client lived, the damages would have run well into seven figures. A fatal (dependency) claim is invariably far smaller, so you could say the insurers had enjoyed a windfall (running into millions) due to the clients passing, although that did not appear to impact upon the decision to defend the dependency claim to the bitter end.

This is just one example of many, where Defendants unnecessarily prolonged the process, putting the family of the victim through more pain in order to minimise their losses; irrespective of the family’s own tragic loss.

Written By:

Emily Pheysey

Litigation Executive

Emily has over 7 years of experience in the legal sector, handling road traffic accident claims to recover compensation and support her clients. Her focus is to ensure all clients feel comfortable and at ease with the claims process so that they can focus on their recovery.

Emily considers rapport to be an essential part of the role and strives to always provide excellent client care.

Away from work, Emily enjoys spending time with her family and friends and travelling as much possible.

Diane Holderness

Litigation Executive

Diane is a Ministry of Justice (TOJ) Team Leader within our Cycle Department. She has 11 years’ experience managing road traffic accident claims, and 6 years’ experience managing MOJ claims.

Diane enjoys a challenge and always strives for the very best results for her customers; something that is clear in the way her team continually adapts its strategies in order to secure the most desired outcome. Diane has worked her way through the legal ranks here, and is proud to now have a strong, specialist team that is committed to customer satisfaction.

Diane believes that happy clients make a happy working environment, and it is this that ensures a productive and efficient workforce.

Nina Haddock

Chartered Legal Executive

Nina has over 30 years’ experience in the legal sector. She specialises in recovering compensation for injury claimants as a result of road traffic accidents. Her focus for each and every claim is to help her clients secure the funding that they need to pay for ongoing treatment and support.

Nina became a CILEX Fellow in 2006 and now helps her clients and their families at a time when they have been through a traumatic experience, and everything they hold dear to them appears to be changing.

One case Nina is particularly proud of is supporting a client who had successfully sought asylum in the UK, following a road traffic accident. The claim was successfully pursued through the MIB and the client was left with significant injuries. Her client was able to use the compensation to aid family members with their applications to seek asylum in the UK.

Julian Fox

Cycling Accident Solicitor

Julian qualified as a Solicitor in 2005 and has worked in all areas of personal injury since 2000. Julian has a well-rounded understanding of personal injury law, having represented both claimants and defendants.

Julian always aims for maximum damages to meet his clients’ needs for injury and rehabilitation expenses, and can often secure interim payments to help meet clients’ financial needs. Julian is highly proactive in ensuring cases are progressed, ensuring a timely conclusion.

When not at the office, Julian is a keen cyclist, both on roads and virtually -he will often do an hour of ‘Zwifting’ in the mornings before starting work.

Richard Atherton

Cycling Accident Solicitor

Richard has 12 years of legal experience and qualified as a Solicitor in February 2014. He has been a Team Manager with us since 2019. Throughout his career, Richard has specialised in personal injury, handling an array of Road Traffic Accident cases, in addition to employer and public liability.

Richard prides himself on his very strong strategic and planning skills, which come into their own in complex injury cases where more technical arguments are involved. On every case, he is committed to ensuring that his clients receive full compensation for their injuries.

Away from work, Richard enjoys sport; he is a season ticket holder at St Helens Rugby Club and a Liverpool FC fan. Not only a spectator, Richard also likes going to play golf as often as he can.

Dave Gardner

Litigation Executive

Dave has over 20 years of experience in the legal sector. His specialism is personal injury and he has dealt with hundreds of cycling injury claims during his career. Excellent client care and communication is paramount to Dave. He prides himself on being accessible and available, attending court hearings where damages are in dispute to ensure the best outcome for his clients. One case Dave is particularly proud of is when he supported an elderly client who suffered serious injuries following a road traffic incident. The police had not taken any action against the defendant, so Dave had to be proactive and act within a 24-hour window. The case proceeded and the client was in receipt of £30,000 in damages, which he would not have been entitled to had the client not approached Dave. He is also an avid supporter of Glasgow Rangers and travelled abroad on many occasions to see them play in European competitions.

Gerard Horton

Partner

Gerard is a Senior Solicitor at Cycle SOS. In his 13 years of experience, Gerard has built a national reputation in the catastrophic injury sector, dealing with high value and complex cases. Alongside his legal role, Gerard supports several charities including Headway Central Lancashire, Northwest Regional Spinal Injuries Centre and spinal injury charity, Back Up.

Julia Eyton

Partner

Julia brings a wealth of knowledge and expertise to the Cycle SOS team.

Specialising in representing those who have had life changing injuries, Julia handles some of the most serious and complex personal injury cases both within Cycle SOS and nationally.

She often works on high value claims and is skilled in winning complex liability cases.

NADIA KERR

Partner

Nadia has over 30 years of legal expertise and has represented hundreds of vulnerable road users. With a focus on ensuring timely rehabilitation, speedy repair or replacement of bikes and kit, and securing fair compensation, Nadia is committed to advocating for justice and client rights. Alongside her legal career, Nadia actively participates in national campaigns to benefit vulnerable road users and acts as a Trustee/Director for the national cycling charity, Cycling UK. Nadia was named in Cycling UK’s ‘100 women’ and was a founding member, now running a women’s cycling group, TeamGlow in South Manchester. Among her many achievements, Nadia takes pride in her spot on BBC Breakfast, where she provided expert commentary on long term government funding for pothole repairs.

Caroline Morris

DIRECTOR OF SERIOUS INJURY

Caroline has specialised in personal injury for over 25 years, recovering more than £56 million in damages during that time, to help clients rebuild their lives after injury.

Caroline is committed to achieving rehabilitation options early, meaning her clients benefits from the best care and treatment at the earliest stage possible.