We acted for a cyclist who had been cycling along a country road when he was knocked off his bicycle by a passing motorist. The motorist left insufficient space which resulted in the vehicle’s wing mirror colliding with our client and knocking him off his bike.
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Our client’s injuries were exacerbated by the fact that he was travelling in excess of 40 miles per hour at the time the accident occurred. The driver initially denied responsibility on the basis that he did not believe that his wing mirror had collided with our client. Due to the fact that it appeared that the wing mirror had hit our client’s body, there was, in fact, no visible damage to the vehicle’s wing mirror. This lack of damage appeared, on the face of it, to support the driver’s view that the wing mirror had not hit our client resulting in the accident.
Investigation
As part of our investigation, we sourced the relevant CCTV footage of the incident. Whilst the pictures were not of great quality, we were able to prove that the wing mirror on the vehicle was most likely to have collided with our client, thus causing the accident. At the very least, we were able to establish that the Defender had driven too close to our client at the time of the accident, and even if the wing mirror had not collided with our client, clearly the fact that the car was so close to our client had been a significant contributing factor in our client falling off his bicycle.
Outcome
Having established the likely position and the reason for our client’s accident, we were able to agree damages with the third-party insurers for our client to compensate him for his injuries. This also included compensation for the loss of earnings, services and medical expenses required not only for some past care but also future care. We believe that without our knowledge of being able to secure and request the CCTV footage in this case, we would not have been able to prove this case on behalf of our client and recover damages for him.
