This case study involves the personal injury claim which followed a cycling accident in Argyll and Bute. The injured bicycle rider, Mr Leslie Lafferty, was hit by a third party vehicle and suffered a serious foot injury.

He was referred to Thompsons by his union, Unite so that we could pursue a claim for personal injury compensation on his behalf.

The background

At the time of the accident, Mr Lafferty was a keen cyclist and gym-goer. His bike was in good condition.

At approximately 6.30 to 6.45 am on 28 July 2016, Mr Lafferty was cycling along West Argyll Street in Helensburgh. Being a resident of the town, he knew the route well.

As he reached the junction with James St, the third party vehicle pulled out to his left, and collided with his back wheel. Mr Lafferty had attempted to swerve to avoid the collision, but the impact with the car was unavoidable.

Mr Lafferty was knocked to ground.

The consequences

Police and ambulance services attended the scene of the road traffic accident. The driver admitted liability for the accident and was later charged with and convicted of careless driving.

Mr Lafferty had sustained a fractured talus bone in his right foot (the lower part of the ankle joint), as well as cuts and bruising to his back, arms, toes, and legs. He was in hospital for several days following the bicycle accident and subsequently had to undergo five surgical procedures in an attempt to fix the fracture, including the insertion of a plate and screws. He was in a cast for some time following the RTA.

The consultant treating Mr Lafferty advised him that he will not regain full movement in his foot and that some symptoms will be permanent and life changing. Mr Lafferty has been left with permanent pain in his ankle. He also suffers from adjustment disorder and depressed mood.

As a plumber for Babcock Marine at Faslane Naval Base, Mr Lafferty was extremely concerned by the news regarding the permanent nature of the injury as his work involves using ladders.

Immediately following his injury, Mr Lafferty was on full pay (reducing to half pay after six months). He also lost out on overtime payments.

The settlement

Although liability for the cycle accident was admitted by the third party driver, Thompsons had to raise the claim in court.

Eventually, a cycling accident claim settlement offer of £140,000 was made by the defender's lawyers. Mr Lafferty accepted the offer.

Settlement was agreed on 18 July 2022