Road traffic accidents can range from the minor to the catastrophic. But for cyclists, the chance of serious or fatal injury is much higher than it is for drivers. In this recently settled personal injury case, a cyclist was knocked from her bike by a car, resulting in life-changing injuries. We made it our mission to ensure our client received the correct rehabilitation and maximum compensation to provide for her future.
Our expert personal injury solicitor and Serious Injury Team Leader, Susan Phelps, led the case and took great care of our client on her journey to justice. Discover how Susan demonstrated her breadth of legal expertise and steadfast commitment to achieve compensation totalling £750,000.
What caused the road traffic accident?
A cyclist was riding on her regular commute to work when a driver unlawfully pulled out of a side road without giving way. The subsequent collision resulted in devastating injuries for the cyclist. She lost consciousness in the ambulance, was put into a coma, and was sent for a craniotomy to relieve pressure to her brain.
The cyclist’s traumatic brain injury was classed as moderate-to-severe, and during her urgent medical care, she suffered a stroke which left her with permanent weakness on her left side. Other injuries included:
- Right skull base fracture
- Left subdural haematoma
- Left proximal fibula fracture
- Left distal tibia fractures
- Left medial malleolus fracture
- Degloving injury of the left ankle which required a skin graft
- Right knee laceration
- Displaced fracture of right patella
- Psychological trauma – diagnosed with post-traumatic stress disorder (PTSD)
Our client underwent several operations for her head injury, with additional surgical procedures on her left foot and ankle. After receiving her various interventions at one hospital, she was transferred to another community hospital for additional rehabilitation. This included mental rehabilitation, with cognitive behavioural therapy for her PTSD. The cyclist’s injuries left her with an increased risk of post-traumatic epilepsy and permanent cognitive impairment, deficits, and fatigue.
The cyclist was released from hospital after approximately eight months. While she still struggles with reduced mobility, is unable to return to work, and requires support from her husband to complete daily activities, our client was in a position to approach Optimal Solicitors to seek justice for her accident and find a path forward.
How do I know if my road traffic accident qualifies for compensation in the UK?
Before we go into the progression of this case, here’s some key information to help you understand the basics around claiming for personal injury from road traffic accidents.
| Requirement | What it means for you |
| You were involved | You were a driver, passenger, pedestrian, cyclist, motorcyclist, or other vulnerable road user at the time of the accident. |
| You were injured | Medical evidence must link a physical or psychological injury directly to the accident. |
| Someone else was at fault | A third party – usually another driver – breached their duty of care (e.g. speeding, using a phone, or failing to stop at a crossing). Even partial blame on their side can be enough. |
| You’re within the legal time limit | Most adults have three years from the accident (or from discovering an injury) to start court proceedings.
• Children: Children have three years from their 18th birthday in which to start court proceedings. • Lack of capacity / serious brain injury: The limit can be paused until capacity returns. |
Should you choose to make a claim with legal representation, your solicitor will send a letter of claim to the defendant’s insurer. An investigation and confirmation of responsibility takes place within three months, followed by a court process if needed where your solicitor will seek for you to be awarded maximum compensation.
Building a strong personal injury claim
Eager to get the ball rolling, Susan acted quickly and submitted the first letter of claim to the defendant’s insurer on behalf of our client. In the meantime, she collated medical evidence and began to determine all potential areas of loss to prepare a push for maximum compensation.
Proceedings were then issued due to the limitation date having been reached; however, primary liability had already been admitted within a week of the claim letter being sent. The defence also announced that they would be investigating the allegation that our client was not wearing a helmet at the time of the collision – while this does not preclude a cyclist from making a claim, here at Optimal we would always recommend wearing a helmet for safety reasons alone.
At this point, the defendant’s insurers attempted to settle the case before litigation with an offer of £175,000 gross of benefits, which includes loss of earnings and other financial losses. Susan determined this to be a relatively low offer in comparison to her initial valuation.
To provide a counter-offer, it was vital for Susan to ensure the case for our client was as strong as possible. This included continued evaluation of all medical evidence from countless reports across various different surgeons and specialists. In addition, Susan engaged a barrister for support, and together they prepared a thorough schedule of loss that explored every single current and future impact this accident could have on our client.
Going the extra mile for our client
For cases of this nature, where injuries are expansive and life-changing, personal interaction with our clients is key – firstly to provide support and reassurance, and secondly to really get to know them and understand the true impact of the accident. In this case, Susan and the barrister felt it was essential to meet the client on multiple occasions to understand the true impact the accident has had upon the client’s life, and that of their family.
From their visits and interactions, Susan was able to get a more vivid picture of the client’s injuries – particularly her left-sided weakness, the extent of which was not fully evident from medical reports. The defendant claimed that our client would be able to return to work soon, however upon meeting with the client, Susan determined that this might not be the case. Despite our client doing everything she could to retrain for future employment through remote learning, she could only really use one hand which may not translate well to an office environment.
By taking the time to get to know the client, we also learnt about life before the accident. She was a guitar player and had a very active and outdoors lifestyle, which included hiking as well as cycling – all of which were no longer possible. Susan also considered any future plans to have children and the impact the injuries might have on our client’s ability to take on parental duties, should she choose to start a family.
Our commitment to meet with the client in person enabled us to gain a comprehensive understanding of all damages and exactly what would be required to help her move on with her life. This put us in a position where we could further maximise damages with a more accurate and comprehensive schedule of loss.
Successful compensation achieved before court
Susan challenged the defendant’s previous offer with a counter-offer, backed up by more thorough and comprehensive details about the life-changing impact of our client’s injuries. Hard negotiations ensued, as Susan fought to increase the offer to an amount that reflected the true loss, damages, and rehabilitation requirements. She then met with our client again to discuss the defendant’s highest offer and ask if she would like us to accept or advance the case to litigation.
Our client must have the final say on whether to proceed with the case or accept an offer pre-litigation. However, we were obliged to tell her that the defendant would dispute some liability in court on the basis of her lack of helmet. As a result, we were instructed to accept the defendant’s highest pre-court offer, which brought an end to the case with a compensation amount of £750,000 gross of benefits – a £575,000 increase on the initial offer.
In addition to negotiating such a significant increase in compensation value, Susan ensured the defendant’s insurer agreed to cover the continued costs of rehabilitation already authorised as part of the settlement. This meant our client had peace of mind that she would receive the right treatment for her injuries without delay, such as further physiotherapy.
Optimal Solicitors are here for you in times of need
Our client was happy to see such a swift and positive outcome to the case, and she is now in a position where she can rehabilitate and work towards getting her life back on track.
Susan’s advice for other victims of serious personal injuries? “Seek legal advice at the first available opportunity so you can get the right treatments and rehabilitation as soon as possible. Early intervention is key and more likely to yield positive results. Optimal can help make this happen. The sooner you seek assistance, the better.”
If you’ve suffered an injury that wasn’t your fault, don’t hesitate to contact Optimal for professional legal advice, empathetic support, and steadfast commitment to helping you get the necessary help for recovery.
We guarantee:
- No-win, no-fee representation
- Expert legal advice tailored to your case
- Proven success in securing maximum compensation
Take the first step towards justice. Contact us today.
