A widow has received a substantial sum, in a
personal injury claims case, after her husband was involved in a fatal cycling accident.
The man died after being involved in a fatal collision with a heavy good vehicle (HGV). The driver of the HGV collided with the cyclist, despite the fact that he was in front of the HGV.
The incident took place in the spring of 2007, in South East London, when the cyclist was on his way to work. He had approached a set of traffic lights, which were on red and passed the stationary HGV.
Fatal collision
The cyclist then positioned himself in front of the HGV. He was ready to cycle off when the lights went green, however the driver; who's HGV was missing a nearside mirror, failed to see the cyclist in front of his vehicle and when the lights changed, he moved off, driving over the cyclist and his bicycle, killing him instantly.
The cyclist's widow had instructed the legal firm, Field Fisher Waterhouse's personal injury partner, Jill Greenfield and associate, Mark Bowman to represent her in a claim against Hendricks Lovell Limited, which is the haulage company which employed the driver of the HGV.
The haulage firm denied causing the road traffic accident even though, through investigations it was established that the driver not only had his radio on, but also had an open newspaper on the passenger seat and was missing one of his mirrors. Hendricks finally agreed to pay substantial financial compensation to widow and her three young children, now aged six, four and one.
Widow shows her appreciation
Speaking about the help she received, the widow of the cyclists said: "Thank you so much for all your amazing work. You have made a real difference to the children's' future and I am and I know my husband would be, very grateful to you all."
Mark Bowman, a
solicitor at Field Fisher Waterhouse legal firm, said:"This was a tragic case highlighting the danger that HGVs pose to cyclists on London's roads. Had the HGV been fitted with a mirror so as to eliminate its frontal blind spot this tragedy may have been averted. More needs to be done to ensure that cycling is a safe and viable means of travel in London and to ensure that accidents such as this are reduced in the future."
Importance of a Helmet
Mark Bowman had also commented about the current situation for cyclists riding without helmets. It was noted that Failure to wear helmets whilst cycling may lead to reduction in damages.
In a recent case, where a cyclist was injured in a motorcycling accident, The Judge stated that it did not matter that there was no legal compulsion to wear a helmet, because: "There can be no doubt that the failure to wear a helmet may expose a cyclist to the risk of greater injury and he has only himself to thank for the consequences. I am satisfied that the cyclist who does not wear a helmet runs the risk of contributing to his or her own injuries."
Cyclists were warned that their failure to wear a helmet whilst cycling may lead to a reduction in their damages if it contributed to their injuries even though it is not a legal requirement to wear a helmet.
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