Involved in cycling accident - advice for compensation.

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wardjw1994

New Member
I was cycling down the Banbury Road in the centre of Oxford at 17.45 on Thursday 03/12/15. I was riding in a green and white integrated cycle lane with large white light on front and two flashing red lights on my rear. I was stupidly not wearing my high vis jacket. The traffic travelling in the direction I was travelling, was slow moving // stationary. I was travelling faster than the traffic. A car turning right down a side street, that was travelling down the Banbury Road in the opposite direction to me, pulled out straight in front of me. I could not avoid hitting the car, I went over the bonnet onto the road. The front forks of my bike have snapped. I exchanged details with the driver, who was quite shaken. I also got the details of a witness to the accident. I have fractured my Scaphoid in my wrist, I have an MRI scan on Monday to determine whether I require surgery. I am going to be in a cast for 10 weeks regardless. I won't be able to drive which will severely impact on my job, I am an estate agent and drive for work. I also don't have a car and will find travelling from my rural house into Oxford very difficult.

I would be very grateful if anyone could provide me with some advice on what sort of compensation I am entitled to and how I go about getting it?

Thanks,

Joe (21 year old graduate)
 
Saluki

Saluki

World class procrastinator
Location
...Norwich over the water.
I have no idea how much compensation you are entitled to but why not pop to your local CAB and ask their advice. If you are a member of British Cycling, they have a legal team that can advise you.

When I was knocked off my bike and it was written off, I went with a local no win, no fee solicitor and they did all the work. I got about £4.5k plus loss of earnings, but that was a goodly while ago now.

10 weeks for a scaphoid? Wow. I was only in 6 weeks when it went. Surgery on a scaphoid? Blimey. I'd be looking for a second opinion there. I used to ride horses for a living and have done my scaphoid a few times, known loads of people who have broken the thing - a common injury. I know nobody who was in a cast longer than 6 weeks, nor who required surgery. Seriously, second opinion on that. It's a piddly little bone. Then again, maybe us horsy lot are tough :smile:

Get well soon and good luck.
Raffie (51 year old Graduate with 2 degrees)
 
U

User33236

Guest
Healing time for a broken scaphoid depends on where the break occurs. If nearer the thumb, which has the best blood supply then healing is a matter of a few weeks. The further toward the forearm the break occurs the more likely it is to take longer to heal. In addition, depending on where and how complex the break is, it is possible that surgery may be required. Hopefully you will learn more quite quickly following the MRI.
 
Smokin Joe

Smokin Joe

Squire
Location
Bare headed cyclist, Smoker
If it was clearly the other persons fault you are entitled to claim off their insurance for repairs to your bike, loss of earnings and pain and suffering. The CTC will recommend a solicitor who specialises in cycling accidents.

Don't beat yourself up about not wearing high viz, I can almost guarantee it would have made zero difference.
 
Racing roadkill

Racing roadkill

Guru
wardjw1994 said:
I was cycling down the Banbury Road in the centre of Oxford at 17.45 on Thursday 03/12/15. I was riding in a green and white integrated cycle lane with large white light on front and two flashing red lights on my rear. I was stupidly not wearing my high vis jacket. The traffic travelling in the direction I was travelling, was slow moving // stationary. I was travelling faster than the traffic. A car turning right down a side street, that was travelling down the Banbury Road in the opposite direction to me, pulled out straight in front of me. I could not avoid hitting the car, I went over the bonnet onto the road. The front forks of my bike have snapped. I exchanged details with the driver, who was quite shaken. I also got the details of a witness to the accident. I have fractured my Scaphoid in my wrist, I have an MRI scan on Monday to determine whether I require surgery. I am going to be in a cast for 10 weeks regardless. I won't be able to drive which will severely impact on my job, I am an estate agent and drive for work. I also don't have a car and will find travelling from my rural house into Oxford very difficult.

I would be very grateful if anyone could provide me with some advice on what sort of compensation I am entitled to and how I go about getting it?

Thanks,

Joe (21 year old graduate)
Click to expand...
Forget the compo. Every pound your side throw at it, will be countered by five from the other side. Put it down to experience.
 
alicat

alicat

Squire
Location
Staffs
Join the CTC - they have no win no fee legal cover and it is retrospective.

Be prepared for the solicitor to say it was partly your fault because you were undertaking even in a cycle lane and should have been keeping an eye out for traffic doing manoeuvres such as you describe. That's a worst case scenario and I hope it doesn't happen but it isn't open and shut.

They may also argue contributory negligence for not wearing hi-viz even if you know it would have made a difference. I was hit at 7am in late Sept and they tried it on because it was overcast. I had to make quite a stink not to have anything taken off.
 
cyberknight

cyberknight

As long as I breathe, I attack.
Location
Land of confusion
afaik reflective / hi viz is advisory not mandatory ,as you had your lights on then you have observed the highway code , best let the specialist solicitors thrash it out for you .
 
vickster

vickster

Squire
If you really want to know how much compensation you could expect, see here. However it is just a guide so will depend on how you recover. Plus any loss of earning which you will need to prove

http://www.bottonline.co.uk/guides/how-much-compensation-claim-for-bicycle-accident#TABLE

If you need taxis or public transport to get around for work make sure you keep every receipt. You can also claim for others looking after you and driving you around. If you get sick pay, your employer can also claim that back.

Expect it to be a long slow progress, do not settle until you are fully healed. 2 years is not unheard of or longer. The first step is to get the ball rolling and for the other side to admit liability. If they don't, it'll be a longer haul

Slater & Gordon among others have a specialist cycling personal injury team. They'll make sure you get the necessary physio etc you need once the cast is off

I'm sure all is covered in the guide posted above

One thing, if you have to drive for work, how come you don't have a car?
 
snorri

snorri

Legendary Member
Location
East coast, up a bit.
I wouldn't be too upfront about the lack of hi-viz, it's not a legal requirement so why even mention it? I'm not suggesting you tell any fibs if asked directly, but to admit not wearing hi viz would sound as if you are accepting a degree of guilt for the collision which would not be a good opener for negotiations.

Edit to add...Usually by this point in the thread someone has advised to record all details on paper, as they will soon be forgotten or become distorted, Record times, vehicle details, direction of travel,, conversations with driver and witness etc etc
 
vickster

vickster

Squire
Gert Lush said:
Could be he drives a work vehicle? Like as in branded etc.

To the OP, I hope you get the compensation you deserve.

Edit. Someone got there first.
Click to expand...
Ah like those Foxtons tossers in minis, fair enough. Always assumed that was their car to use as and when, they always advertise a company car as part of the package
 
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