A Tayside cyclist who was involved in a collision with a 4x4 while taking part in a 10-mile team trial has been awarded £55,000, reports the Evening Telegraph. Graeme Daly had been seeking £110,000 in a personal injury court, but was deemed to have been 50 per cent to blame for the incident.
The collision took place on an unnamed road near Mawhill, Perth and Kinross, on August 23 2015, during a 10-mile time trial organised by Kinross Cycling Club.
It was filmed on the dash cam of a minibus that had been following the team involved.
The roads were open for the event, but there were marshals on the course and signs warning other road users that a cycling event was taking place.
The competitors did not have priority over motorists, but the course was, as is generally the case, a series of left-hand turns to avoid their having to turn across the carriageway.
As Daly and his two team-mates, David Barclay and Gordon Dick, approached the first left-hander – the junction of the A91 with an unclassified road – they were doing around 25mph.
Barclay and Dick made the turn, but Daly missed it and had to turn back along the A91 and turn right to rejoin them.
After he caught up, the team again accelerated.
Heading in the opposite direction was David Heeps, driving a Ford Explorer towing a Toyota Marine Sport boat on a trailer.
Heeps had already passed two groups of cyclists taking part in the time trial and there were ‘single track’ and ‘road narrows’ signs in both directions.
Barclay, leading, saw the vehicle when he was about 200 yards away, moved to the left and shouted to warn his team-mates.
Dick, following, took Barclay’s movement to mean he should take the lead, but upon hearing the warning and seeing the vehicle, he too moved to the left.
Daly also heard the warning and saw the vehicle and moved to the left. He was approximately 200 yards from it when he did this.
Heeps saw the cyclists, but did not alter his road position. He said he was unable to drive closer to the verge without the wheels of his trailer bouncing through potholes.
He was doing over 20mph and there was insufficient space for the cyclists to pass.
Barclay and Dick missed the trailer by inches. Daly, who had not looked up since first seeing the vehicle, assumed he was safe after passing the 4x4 and fell following a collision with the trailer.
Sheriff Peter Braid ruled that Heeps had driven at excessive speed given the nature of the road and the fact that he knew a cycle event was in process.
However, he also stated that Daly had cycled at excessive speed given the likelihood of meeting oncoming vehicles.
Having “materially contributed to the accident through his own negligence,” the damages payable were reduced by 50 per cent.