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October 4th 2018

Road Traffic Accidents

Cyclist was partly at fault for accident but able to claim £48,500 in damages for his injuries

Cyclist was partly at fault for accident but able to claim £48,500 in damages for his injuries

Cyclist Richard Clayphan, 21, was involved in an accident with an HGV which left him needing five operations on his left hand. He also had to have the tip of his thumb removed, whilst all of his fingers were dislocated and damaged long-term.

Cyclist Richard Clayphan, 21, was involved in an accident with an HGV which left him needing five operations on his left hand. He also had to have the tip of his thumb removed, whilst all of his fingers were dislocated and damaged long-term.

Legal process

This was a ‘split liability case’ in which Richard was identified as being partly to blame for the accident which left him injured. Police initially said CCTV footage had shown Richard to be 50% to blame. However, after legal representation to the HGV driver’s insurance, a settlement was established with Richard being held 40% responsible, and the HGV driver found to be 60% at fault. This agreement was reached out of court.

Settlement

A £48,500 damages settlement was agreed for Richard, again without the need for a court hearing. Although the settlement would have been substantially higher had Richard been proved to be at no fault at all, the damages agreed reflected the long term impact of the accident, taking into account the impact of his injuries on his future earning capability and chosen careers.

Client comment

“I am glad that I got the support I did from Hudgell Solicitors as it has been a big help.

“As soon as I contacted them they started the process moving and that gave me confidence as I took that as reassurance that my claim would be a success if they were willing to take it on, and so it proved.”

Hudgell Solicitors comment

Kirsty Hodgson said: “These cases can involve some dispute as to liability but it is important to ensure that an injured person is suitably compensated and supported.

“In this case it was agreed that the lorry driver was mainly at fault for turning left and not seeing the client who he had a duty to look out for – particularly at traffic lights where you would expect cyclists to be waiting.”

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