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Case Update

Posted on: 01 October 2012

Alexa Gorse of our personal injury team recently achieved an excellent result in a complex road traffic accident case.

Briefly our client was a cyclist in an RTA. The client was cycling across a pedestrian crossing, with no cycle helmet and the pedestrian traffic signal was on red, when he was hit by a car.

The other side's insurers raised issues with regards to liability and causation. The insurers claimed that the client should not have been cycling on the crossing and he should not have been attempting to cross when the light was on red indicating that it was not safe for him to do so. In addition, the insurers claimed that had the client been wearing a cycle helmet at the time of the accident, he would not have sustained head injuries resulting in a brain injury and post concussional syndrome.

To add further complication, as is often the case where head injuries are sustained, the client could not recall the moments before, during or after the accident. As such if the case went to court his evidence would have been of limited assistance to the judge in determining the issues of liability and causation.

The client was very pleased when, despite the obvious difficulties with this case, we managed to negotiate a settlement in the sum of £40,500.00 from the insurers representing a reduction of only 25% to the client's claim for damages to reflect the client's contribution to the accident and his injuries.

For further information, please email Alexa Gorse on agorse@silverdalelaw.co.uk or call her on 0161 740 0333