Thompsons secured £15,000 in compensation for a police constable who suffered a fractured elbow after coming off his bicycle while cycling on HM Naval Base Clyde. The claim was pursued after the Defence Police Federation referred him to Thompsons following the accident.

What happened

On 29 October 2019, the claimant, Mr Gary Thomson, was cycling on HM Naval Base Clyde where he worked as a police constable within the Marine unit.

He had entered the base through the main gate around 45 minutes before his shift was due to begin at 6:30am. As he cycled towards his workstation, his bicycle struck a large piece of debris lying on the road.

The impact caused Mr Thomson to fall from his bike, landing on his left-hand side on the road.

Although he realised he had injured his elbow, he managed to stand up and move his bike to the side of the road despite being in significant pain. Colleagues later arrived to assist him and he was able to walk to his office.

injuries and impact

After the fall, Mr Thomson began to feel faint and removed his jacket to assess his injury. His elbow appeared badly misshapen.

A colleague took him home and his wife later drove him to the Accident and Emergency department at the Royal Alexandra Hospital.

X-rays confirmed that he had sustained a fractured elbow that required surgery. The following day he underwent an operation where K wires were inserted to stabilise the bones in his elbow.

Mr Thomson required several follow-up appointments after the procedure and also attended physiotherapy as part of his recovery.

Eighteen months after the accident, although the fracture had healed, he continued to experience pain caused by the metal pins in his elbow. A further surgical procedure was carried out to remove the metalwork, but some residual symptoms remained.

Legal Approach

As the incident occurred on land owned and operated by his employer, Thompsons pursued a cycling accident claim against the Ministry of Defence Police.

Liability for the accident was admitted.

Thompsons arranged for Mr Thomson to be examined by a consultant orthopaedic surgeon. The expert confirmed that he had sustained a minor head injury, bruising to his hip and a closed displaced fracture of the elbow as a result of the accident.

Following removal of the K wires, the expert concluded that Mr Thomson would continue to experience permanent residual symptoms.

Outcome

The medical evidence was presented to the defender’s insurer and an initial settlement offer of £10,500 was made.

After discussing the offer with Mr Thomson, Thompsons advised that it should be rejected.

Three further offers were made by the defender but were also rejected following discussions with the claimant.

A fifth offer of £15,000 was eventually put forward by the defender.

Thompsons secured £15,000 in compensation for Mr Thomson and he confirmed that he was pleased to accept the settlement. The claim was concluded on 29 April 2022.

What this case shows

This case highlights the risks cyclists may face when road surfaces or environments are not properly maintained.

Cyclists injured in similar incidents may be able to pursue compensation through accidents to cyclists claims. Thompsons can often assist clients through the claims process under a No Win No Fee agreement.

Anyone seeking advice following a cycling accident can contact Thompsons to discuss their circumstances.