Client involved in cycling accident as defendant failed to give way
The incident
This claim involved our client being part of a cycling accident on a main road. The accident occurred because the defendant failed to give way from a side road.
The liability for this accident should’ve been straightforward, but this was made more complex due to the actions of the defendant. Following the incident, the defendant (the other road user) called three relatives & friends to attend the scene at the time of the accident. Together, they pressured our client to sign a note stating she would accept £100 only for the damage to her bicycle, and that she would make no further claims.
After recovering from the initial shock, our client called the police and was advised she could proceed with making a claim. The client felt under duress to sign and accept the money, and only did so due to being in shock after the accident.
The aftermath
Our client suffered multiple soft tissue injuries from the accident, including severe pain in both her neck and shoulders, severe headaches, severe chest pain (from hitting the car and ground when knocked off the bike), severe pain in both knees (again, from hitting the car and ground), and concussion (from hitting her head on the handlebars).
The effects of these injuries have been ongoing, lasting around 9 months since the collision first happened.
Furthermore, our client’s mental health also suffered as a result of the accident, leading to a severe, ongoing fear of travel, which also lasted for around 9 months.
The case
The case was handled by our expert road traffic accident lawyers.
Although she signed a note at the time of her accident, which she felt pressured to do by the defendant and their relatives & friends, this did not mean she was unable to make a claim.
The defendant’s Third Party Insurance (TPI) hasn’t accepted liability, but they have agreed to deal with the claim on a WOP (without prejudice) basis.
“I have never dealt with a case whereby a client has signed something under duress before, however, it just goes to show how shock from an accident, and peer pressure from others at the scene, can make you act in the immediate aftermath.
“Just because you sign a note/letter at the scene, does not take away your right to make a claim against the defendant if you are injured, and suffered a financial loss.” – Quote from lawyer on the case.
The outcome
The client received a settlement of more than £10,000 to compensate for the pain and suffering she endured following her cycling accident.
The client is very appreciative of the help she received and made a point to note that her solicitor had been especially helpful during the case.
Find out more about how Fletchers Solicitors can help with cycling accident compensation claims.
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