Fletchers Secured Compensation for a Cyclist in a Split Liability Road Traffic Accident Claim

Lawyer: Robyn Shon 
Case Type: Cycling accident claim 
Settlement: £12,500 (Split Liability Road Traffic Accident Claim)   

Fletchers Solicitors helped a client secure a financial settlement after they were involved in a collision with an overtaking car. After a year of recovery, our client was able to return to family life and enjoy activities such as playing cricket with his son once again. With support from Robyn Shon and Fletchers’ specialist cycling personal injury team, a financial settlement was secured that helped restore this sense of normality.  

This case was complex, with liability strongly disputed and the third party alleging contributory fault. Despite this, our team successfully navigated the challenges to achieve a positive outcome for our client. 

In this case study, you’ll read about: 

• Why this case had to go to trial 

• Complexities of this case and how we managed them 

• How our robust legal strategy led to a successful settlement at trial 

• The valued role of detailed witness evidence and consistent client engagement 

• How this cycling accident impacted work, family life and hobbies for our client 

• Gain understanding on the broader lessons this case raises for cyclists and road safety 

How did a routine turn lead to a collision?

Our client was cycling and approaching a right-hand turn when the driver of a car attempted to overtake him, resulting in a collision with the side of their vehicle. 

Although our client had signalled his turn in advance, the driver claimed he only signalled once they were alongside him. They argued this making it difficult to judge his movements and contributed to the collision. From the outset, this dispute over signalling made liability a key issue in the case. 

The impact of the accident on our client: 

• Right clavicle fracture requiring ORIF surgery 

• Psychological trauma 

• Required physiotherapy 

• Months of recovery at home with the support of family 

Resolving a split liability road traffic accident case to secure a positive outcome for our client 

Despite our early monetary and liability offers, the third party made no attempt to engage in settlement discussions. This left our legal team with no option but to proceed to trial.  

We moved forward with the trial proceedings, where we encountered a further hurdle, after being advised by legal counsel that they could not say for certain that the prospects of success was over 50%, meaning there was a real risk that our client’s case might not succeed. As a result, we had to carefully consider how to proceed to ensure the client’s interests were fully protected, further highlighting the importance of our meticulous legal strategy and preparation. 

Throughout the case, our client provided clear and consistent communication, including a detailed witness statement. This, combined with Robyn Shon’s expert handling of the complex nature of split liability, enabled us to achieve a finalised 65/35 settlement in our client’s favour, an excellent result compared with the 70/30 offer we had previously proposed, which had not been resolved at the earlier stages. 

Our approach to dealing with a split liability case 

• Recognising that liability was a genuine issue, we did not seek to contest it.
   

• Instead, we focused on negotiating a settlement that reflected the circumstances, ensuring our client secured the best possible outcome despite the dispute.
   

• We initially proposed a split liability settlement of 30/70 in our client’s favour.
   

• No resolution came from our earlier offer, so we proceeded to trial.
   

• Trial proceedings added further complexity due to uncertainty of success.
   

• The final result was a 65/35 settlement in our client’s favour. 

Supporting client recovery and rebuilding life after going through a road traffic accident (RTC) 

Our client’s injuries affected both him and his family. He relied on care from his wife for three months and was unable to work for ten weeks. The injuries also meant he has to stop playing cricket with his son for a year at their local club. 

The settlement has helped him focus on a full recovery, reduced the financial impact of the accident, and provided some long-term support after a challenging experience. 

Beyond the outcome, this case offers broader insights for cyclists and road safety, highlighting the importance of clear signalling, visibility, and awareness of legal rights when accidents occur. 

A Word from Our Client 

“I honestly can’t thank you enough Robyn for all your hard work and patience with this case. I couldn’t have had anyone better in charge of my case. It would be great if I could send my comments to someone at your office, so you receive some sort of acknowledgment from them of how much your hard work was appreciated.” 

Our Commitment to clients of complex cases 

At Fletchers Solicitors, we are proud to have guided our client through every stage of this complex case. 

We secured a £12,725 settlement for our client on a 65/35 split liability basis. While no financial award can reverse the effects of being involved in a road traffic accident, this settlement has helped reduce the financial impact and provided the support needed to help him access resources to aid a better recovery and move forward with confidence. 

In the UK, you can still pursue a road traffic accident claim or cycle accident claim even if you were partially responsible, your compensation will likely be adjusted to reflect your share of responsibility. This principle is often referred to as split liability or contributory negligence. 

Find out if you can make a cycle accident claim here. We’ll review the details of your RTC and provide clear, straightforward advice on a no win no fee basis.