Accident - Church St/Green Lane, Whitby, North Yorkshire

Amount claimed: £3852.20
Accident date: Thursday 04 Oct 2007

Description

A van driver did not allow sufficient clearance for Mrs Jones and although she was not hit by the van or the trailer, the trailer came so close that she fell from her cycle.

Injuries / damage

Soft-tissue injury to the shoulder which caused pain and restricted movement and required a course of physiotherapy.

What happened?

Mrs Jones* was out cycling with her husband. She was appropriately dressed with a high visibility top and helmet. Her husband was a short distance ahead. He reached a left hand turn where he turned. Mrs Jones was a little way behind. A van which was towing a trailer was approaching from the other direction. Mrs Jones made her left turn having given the appropriate signal and the van driver also turned to his right into the same road. Just after the turn the van and trailer came passed Mrs Jones. The van driver did not allow sufficient clearance for Mrs Jones and although she was not hit by the van or the trailer, the trailer came so close that Mrs Jones, an experienced and competent rider, fell from her cycle.  

The van driver and his Insurers denied liability but we felt that Mrs Jones had a strong case. The van driver should have allowed sufficient clearance when passing Mrs Jones. After we issued Court Proceedings the van driver’s Insurers tried to persuade us that Mrs Jones was 20% to blame but we advised Mrs Jones to reject that, which she did. Shortly after the Insurers agreed to settle.

*Name changed to protect identity

Testimonial

I was extremely pleased at the way the claim was dealt with throughout by John McPherson and with the eventual outcome of the claim.


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