A Dorset cyclist who was left with brain injuries when a motorist hit him on a roundabout is suing the driver for £200,000.
Insurers for Jack Harris, from Weymouth, admitted liability in August 2019 for the crash on the town’s Chafeys roundabout in January that year, reports the Dorset Echo.
However, they have been unable to agree damages with cyclist Philip Smith, also from Weymouth, who has now issued a High Court writ in which he is claiming £200,000 in compensation.
He spent two months in hospital after the January 2019 collision which happened when Mr Harris entered the roundabout in his Skoda Octavia car and crashed into the cyclist, who was thrown from his bike.
Mr Smith, aged 46, tried to return to his job as a care worker but was forced to take early retirement in July 2019 on medical grounds as a result of his injuries.
According to the writ he has filed at the High Court in London, Mr Harris was negligent in failing to spot the cyclist when he entered the roundabout and was at fault for the collision.
As a result of the crash, he has impaired verbal comprehension and memory problems, and also has issues regarding organisation, problem-solving and multi-tasking.
He also suffers from headaches and becomes fatigued easily, as well as suffering dizzy spells and tinnitus, and the writ says that while neurorehabilitation and neuropsychiatric may be of benefit, his condition is unlikely to improve on its own.
The writ says that when he was discharged from hospital, Mr Smith did not receive any immediate follow-up therapy for his injuries.
Doctors were also unable to go ahead with a planned reconstruction of his shoulder, which had been damaged in the crash, since they did not believe him capable of given informed consent.
He spent three months at home before attempting to return to work, but was unable to continue because of his neurocognitive impairment, despite undergoing occupational therapy for his injuries as well as physiotherapy for his shoulder.
The writ reveals that prior to the collision, Mr Smith already had a history of epilepsy but is now said to be at greater risk of suffering seizures as a result of the crash.
17 thoughts on “Cyclist sues driver who left him with brain injury after crash on roundabout”
Good luck to Mr Smith; legal
Good luck to Mr Smith; legal cases like this might ‘encourage’ more motorists to pay attention to the task at hand…
Unfortunately I think most
Unfortunately I think most motorists will just tell themselves that is why they have insurance, and carry on regardless. Compulsory third party insurance is terrific in providing a source of financial recompense in cases like this (notwithstanding the appalling stance of the insurance company in this case, assuming the reporting is accurate) but it also has the effect of shielding errant drivers from the full consequences of their actions; no need to sell the family home to come up with the compensation, for example.
We can hope their renewal
We can hope their renewal premiums are going to be shocking!
But unfortunately that news
But unfortunately that news won’t be reported.
Unfortunately I think you’re
Unfortunately I think you’re right
Scummy insurance company.
Scummy insurance company. £200000 is a pittance for 20 years of lost earnings. 10kpa ffs..
I had the same thought. 2
I had the same thought. 2 million might be a more appropriate figure. Is there a mistake in the reporting, is this evidence of the brain injury, or is it a very weak case?
Maybe it depends on his job.
Maybe it depends on his job. If his pension scheme was generous, then perhaps the claim is for the gap between earnings and pension.
Although I’d want a lot more than 200k to last my lifetime.
hirsute wrote:
In the article:
Now he could have been looking after Lords (e.g. ones who’ve got too doddery to answer in court…) but other than that I suspect he’s going to be short of cash. Unless he switched from a previous career in investment banking.
If they were in the local
If they were in the local government scheme, they would get a full pension which is what I meant by generous.
Still think 200k is derisory.
I’m just in the last
I’m just in the last negotiations for a 5 figure amount after going after the driver who caused my hospitalisation in late May 2020.
There was no way on earth I was letting them get away with it.
It’s been a battle but totally worth it.
Take them for all you can get
Take them for all you can get…
I’d have taken their house
I’d have taken their house off them if I could.
This is the correct place to
This is the correct place to campaign for “presumed liability” AKA “strict liability” in crashes. This is where it would apply – at least anywhere where it has been enacted.
I’m not sure it would make
I’m not sure it would make any difference in this case. The insurers have admitted liability. Liability isn’t the issue, but the amount of compensation.
On the face of it, this is a
On the face of it, this is a pretty low figure for compensation for those kind of injuries and losses, so I’m surprised that the insurance company isn’t paying up. Is there something we aren’t being told?
Mind you, compensation in this country is a disgrace, with low payments even for life-changing injuries.
200K is a headline grabbing
200K is a headline grabbing figure, but after reading and seeing his age – it does seem very low. I couldn’t last a lifetime on 200K, and this guy has 10 years on me and serious health problems.