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Mountain bikers cross mountain creek, man offers assistance.

Why choose us | Cycle-SOS

We often meet people at some of the lowest points of their lives, when injured, without work and requiring care. In each case we work hard to help them back onto their feet, sometimes literally, and get them the compensation they deserve. Here is an interesting tale of one of our clients and how diligent evidence hunting and an accurate reconstruction helped win the case.

“I was cycling on a bridle track within the boundary of a country park at night. The cycle was in excellent order and I was displaying adequate lighting for what should be a relatively safe environment. At the bottom of a downslope, I collided with a totally unmarked steel barrier,” our client outlined. “I was standing on the pedals so it resulted in compound fractures of both legs and other injuries. I was alone but managed to ring for assistance and eventually the Emergency Services arrived.”

In the time immediately following the collision, our client was faced with many obstacles. He was unable to work due to his injuries and, with no immediate prospect of a return, had no income. His mortgage was in arrears as a consequence, and his less than sympathetic lender was heaping on the pressure. Our country’s safety net, Universal Credit, created an elaborate course of hoops to jump through, making his financial outlook incredibly bleak.

With no cash available for private health care and with no rehab or care plan in place, he was discharged from hospital in a wheelchair to simply make the best of it. To compound this further, our man was recently single and living on his own in a terraced house with both bath and bedroom upstairs – an impossible situation while in a wheelchair.

Searching for help

Our client decided to seek help in claiming compensation, “in an attempt to recover damages for my injuries (from the county council responsible) and subsequent loss of earnings, I contacted a solicitor, only to be told later that they were not interested in this kind of case. Indeed, a second attempt from a recommended source did not yield any correspondence for over 5 weeks.” The previous two firms of solicitors of whom he inquired declined to assist on the basis that they were not satisfied his misfortune presented reasonable prospects of a successful claim. Finally, he found us.  “I was fortunate enough to receive legal representation from Cycle-SOS and, in particular, the excellent Paul Darlington,” our client explains. “Their service was extraordinary in its approach to establish a robust case to present to the court.”

The start of the story…

One early December evening, the new-to-the-area cyclist Rob was cycling through a country park along a tarmac road, which had recently been closed to vehicular traffic and re-designated as a bridleway and cycle route, open . It wasn’t a journey he had made before, although he had every right to be there. His MTB had front and rear lights, while he also had a strip of LED lights along the peak of his helmet. This provided sufficient illumination to read signs, as there was no other form of lighting.

As he freewheeled down a modest gradient at a speed that enabled him to circumvent the speedhumps (a hangover from the days of motorised use), he was horrified when a steel barrier loomed out of the darkness immediately in front, blocking the route. A collision was inevitable.  Catapulted from his bike he landed on the other side of the barrier with compound fractures to the bones of his lower legs, along with other injuries.

Wholly immobile, bleeding heavily and alone in an isolated location with the temperature falling, the outcome could have been significantly worse. Thankfully, the arrival of a curious Collie dog and its walker meant that help was soon on its way.

Establishing the facts

The barrier that the rider collided with was a heavy swing-away steel barrier, painted dark matt green and installed when the road was re-classified. There were no warning signs or markings on the road surface to direct cyclists to an access point, nor any visible contrasting or retro-reflective material on the barrier. The backdrop was natural woodland and no illumination save for natural light, a rare commodity at 7pm in early December.

To establish these facts, we started by taking our client through his route and examining the site in detail, pushed in his wheelchair by our crash investigator. “I was pushed along the entire recalled route through the park,” he recounts, “taking photographs of anything of relevance and noting any speed control features before establishing clearly that the barrier was indeed devoid of any reflective material or lighting.”

Our crash investigator, recently retired from the Lancashire Police collision reconstruction unit, followed the route through the park, collecting evidence along the way. The offending barrier was examined in some detail, along with the downhill approach to it.

Legal precedent

So, where did we start with establishing this claim? Within memory, a national supermarket chain had compensated a car driver who had skewered his vehicle on the pointed end of an open swing barrier. Those organisations that included such structures in their estates had begun to apply black and yellow tape to the parts of the barriers that would be visible to those approaching when the barriers were in the open position, as had the County Council in this case. But as the index barrier was closed for 99% of the time, that precaution wasn’t a whole lot of use to anyone approaching the barrier when in its closed position, especially at night, given its colour, position and visibility.

Here at Cycle-SOS we have a keen legal interest in the published materials to which local authorities have access when providing cycling facilities. While these have no binding statutory authority, as the Council here was eager to point out, the guidance exists and ought not to be ignored. The small academic leap necessary to assess the need for some form of warning of the closed barrier was apparently too giant a step for the Council to take, with an entirely foreseeable consequence for an approaching cyclist.

Passing the buck

Despite the horrendous situation our client was in, the Council’s reaction when notified of the claim was far from sympathetic. They refused to engage in the Rehabilitation Code, which is designed to help a claimant recover as quickly as possible and requires the cooperation of both claimant and compensator. They refused any interim funding to aid his financial situation while the case was ongoing and showed reluctance in sharing the relevant documents relating to the installation of the barrier. However, there was a willingness to subject our client to covert video surveillance, just to ensure that he wasn’t exaggerating his injuries!

A concerted attempt to pass the buck back to the cyclist, citing excess speed, non-compliance with a speed limit, lack of suitable cycle lights and questioning the legitimacy of his presence on the route were tactics designed to wear down the claimant and dissuade his representatives from throwing further time at the claim, the Council (correctly) assuming that the job was being run on a no-win no-fee basis.

An accurate reconstruction

As part of our essential evidence gathering, we arrived on the first anniversary of the crash to the hour, equipped with bikes, the lights our client had been using, light meters and cameras. The accuracy of this exercise was enhanced by it being staged on the exact date, a year to the day since the collision at approximately the same time. Also, as fortune would have it, an identical moon phase was present. This clearly established the hazard presented by the obstruction under the circumstances.

Immediately apparent was that, between the first inspection in March and the December anniversary, small retro-reflective patches had been applied to the barrier. This was really helpful, because it was then possible to make a visibility comparison between a properly configured barrier and one (after the judicious application of tape) that wasn’t. Once permission had been granted by the Court to rely on expert evidence, the Council’s team undertook a similar exercise – imaginatively in May, not December.

Persistence pays off

The Council came to negotiations a few days before the commencement of the liability trial and some months later the council taxpayers duly stumped up a realistic six-figure sum in compensation for our man (along with costs for both sides’ lawyers, experts, doctors, their surveillance operatives and loss adjusters).

The story really speaks for itself, illustrating that any sort of acceptance of responsibility is eclipsed by the prospect of avoiding payment. Insurers will only come to the table when they realize that there’s no other realistic alternative. No claimant ought to expect any compassion from the opponent; it’s all purely commercial.

What is a success fee?

Potential claimants often inquire why they may be charged a success fee when their claim is won. It is to provide a financial buffer to permit the challenging but deserving cases (such as this) to be run. Without a success fee a law firm will lack the resources to fund those claims, which may not immediately appear to have prospects of success.

If a case is being properly prepared, the lawyer running it works on the basis that it will come before a court. As few Judges will have a great knowledge of the subtleties of highway safety, it is prudent to introduce evidence from someone who does, an expert witness, such as a Highway Safety Consultant who can assist the Court with impartial specialist detail.

This proposal rarely goes down well with the opposing Council. They prefer to wheel out their own highways team who will tell the Court that everything was fine and really nothing more could have been done to prevent the incident. All very simple – if they aren’t confronted with a real challenge.

But, as our client gratefully realised, this is key to success in cases such as these, “My warmest and most sincere gratitude goes to Paul Darlington. Not only was I invited at every opportunity to assist in suggesting any uncovered angles but for his ability to find such professional and erudite experts in whatever field we required.”

He continues, “As the defending party tried to wriggle out of its responsibilities it found itself under a constant barrage of expert evidence from many disciplines, each one fronted by an esteemed colleague with outstanding credentials. This continued to be the theme throughout the lengthy prosecution process, amazing attention to detail and a no-nonsense approach to any outlandish riposte from the defendant. The sustained pressure and coherent evidence from the expert witnesses collaborated in the defendant agreeing to settle damages out of court.”

Choose the best representation

When it comes to pursuing a claim, the most important decision is your choice of legal representation. Look for experience, resources and additional accreditations, the Law Society’s Personal Injury Panel being the ONLY one that actually verifies its membership. Anyone can call themselves a specialist or expert, but are they? Is the firm independent or a subsidiary of something else, perhaps even an offshoot of an insurer’s practice? Do they only take ‘no fault’ claims?

Although this story does have as happy an ending as might be possible, it only followed a concerted effort by the victim himself, family, carer (now wife!) and some single-minded legal representation. We are very pleased to have played a significant part in getting our client the support he needed to move on with his life.

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.