Accident - Bayliss Rd / Fraizer St, London

Amount claimed: £12,500
Accident date: Thursday 10 May 2007

Description

Car driver cuts across a cyclist causing a collision. Attempts to drive away but gets stuck down a dead end.

Injuries / damage

Elbow fracture, and soft tissue injury to knee

What happened?

Dr W* was cycling along Bayliss road, when the defendant, (car driver) turned right across his path into Fraizer street, which had no entry signs displayed. The angry motorist was chasing a motorcyclist at the time as a result of an earlier road rage incident. There was insufficient time for the cyclist to avoid the collision and he collided with the left hand door and fell into the road. Pedestrians, cyclists and car drivers came to assistance of injured cyclist as the defendant attempted to drive away. She came unstuck when she drove into a dead end and was stopped by witnesses who had chased after her.

The initial approach of the police was to simply send the motorist on a driver improvement course - a common way in which many cases are dealt with. Whilst this is helpful in establishing liability against the motorist, Levenes solicitor Kevin O'Sullivan felt that it was not anything approaching justice in this case, since the driver’s conduct at the time of the accident reflected far greater liability.

Kevin obtained several witness statements from witnesses who confirmed that they had to chase after the driver to bring her back to the scene after she had knocked the cyclist over, and even then, she was aggressive and confrontational.

The police then confirmed that they would prosecute the Defendant for careless driving, but with the weight of the witness evidence, Kevin and Dr W agreed that it was worthwhile pushing for a dangerous driving charge, which automatically transfers the matter from the Magistrates’ Court to the Crown Court.

After some persistence, the police and CPS eventually confirmed that the evidence was sufficient to justify a prosecution for dangerous driving, and this charge was brought against the motorist. Kevin's stance was vindicated when the motorist pleaded guilty to the charge; she received a fine, a 12 months driving ban and 150 hours community service.

No doubt the motorist pleaded guilty because of the weight of the witness evidence against her, and because she did this, the cyclist and the helpful independent witnesses were spared having to attend Trial and be cross-examined.

Kevin pursued this matter vigorously because he has experienced on so many occasions the police/CPS taking what he sees as the easy way out and either not prosecuting a motorist at all or not considering the more serious charge of dangerous driving when the evidence clearly points to this.

If you have been injured in a cycling accident get in contact and we will advise you on whether you have a claim. 

*Name shortened to protect identity.


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