£90,000 compensation awarded for cyclist head injuries
In 2014 a cyclist was awarded £90,000 for head injuries and PTSD following a cycling accident compensation claim following being knocked off his bike five years earlier.
The claimant was cycling to work. He was an experienced cyclist and wore safety equipment including reflective clothes and a helmet.
He entered a roundabout. The defendant entered the roundabout from the left into the path of the cyclist.
The cyclist was knocked off his bicycle onto the edge of the roundabout.
The claimant did not lose consciousness but suffered blows to the head. His helmet was damaged by the force of the impact.
An ambulance took him to hospital where he was treated for injuries to his cheek, elbow, knee and chin. His wounds required stitches.
The man was treated as an outpatient. After 36 hours he began experiencing difficulty concentrating and blurred vision. After consulting NHS Direct an ambulance was sent to take him to hospital for further treatment.
The claimant developed symptoms of agoraphobia and phonophobia. He attempted to return to work but was unable to cope. He was made redundant two months later.
The man improved but was left suffering from anxiety, depression, post-traumatic stress disorder, photophobia and agoraphobia.
MRI scans were carried out. No physical damage to the brain was seen. A diagnosis of psychological reaction to the accident was made.
The claimant, a 47-year-old man, received £90,000 for head injuries sustained in a road traffic accident in April 2009. He suffered symptoms of anxiety, depression, post-traumatic stress disorder, phonophobia and agoraphobia, and was unable to return to full time employment.
It was alleged that the defendant was negligent insofar as they failed to look properly before entering the roundabout.
They failed to take any evasive action to avoid a collision. It was alleged the defendant caused the collision with the claimant.
The claimant suffered injuries in the impact to his cheek, elbow and knee. These included lacerations and abrasions.
It was alleged he had a period of amnesia covering 10 minutes after the accident where he had no memory.
He developed psychological injuries including PTSD. His character changed completely. He lost his job and his marriage broke down. He was diagnosed as being at greater risk of epilepsy in future.
It was maintained these psychological injuries were caused by the accident. The defendant's solicitors alleged they were caused by other unrelated factors.
Conclusion and settlement
Lliability was admitted and the matter settled without proceeding to Court.
Compensation of £90,000 was accepted by way of an out of Court settlement.
£30,000 of the damages was attributed to "pain, suffering and loss of amenity."
The remainder of the compensation included amounts for loss of earnings and other expenses.