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Justice (Lonpicman, Wikimedia Commons)Cyclist who suffered brain damage warns of dangers of driver inattention after five-year battle for compensation
A cyclist who suffered a severe brain injury when she was hit from behind by a motorist in London has urged drivers to always pay attention after a five-year battle to secure a damages pay-out.
Agata Polakowska, 35, was riding home along Church Road in Northolt in July 2014 when she was hit from behind by a driver.
Left unconscious by the collision, she was treated at the scene by London Air Ambulance medics and taken to St Mary’s hospital, in Paddington.
As well as brain injuries, she suffered a broken leg and is likely to require a knee replacement.
Polakowska is still undergoing therapy for the injury to her knee and has been receiving specialist neuropsychology, occupational therapy and speech and language therapy support. She has also had the assistance of a support worker.
She has been carrying out voluntary work with charities in the Hillingdon area in preparation for a return to full-time work.
The legal battle to obtain damages from the driver’s insurers has taken almost five years.
“The whole incident remains a bit of a blur but in many ways I felt lucky to be alive,” she said. “I am hugely grateful to London Air Ambulance and the staff at St Mary’s Hospital for all of their help following the crash.
“There have been many ups and downs since the crash and I get frustrated that I can’t always do things that like going for a run or dancing with friends that I used to take for granted.
“However, I want to try and look to the future and put the last few years behind me and concentrate on my recovery.
“I just hope that by speaking motorists recognise the dangers those pose and the hurt they can cause by not paying attention.”
The London Evening Standard reports that the driver was not prosecuted, but Polakowska’s lawyers, Irwin Mitchell, obtained an admission of liability from his insurers, leading to a six-figure settlement to support her recovery.
Her lawyer, Peter Lorence, said: “Agata has faced an incredibly difficult few years as she tried to come to terms with the devastating injuries she suffered through no fault of her own.
“While she has shown great determination to overcome her injuries the best she can, Agata still faces challenges ahead.
“We are pleased that we have been able to secure the vital funds that Agata needs to help access the continued support and therapies she requires.
“However, this case is a clear example of the devastating impact that road collisions can have on cyclists. We join Agata in urging drivers to pay attention on the roads at all times.”
Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.
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16 comments
No decent lawyer will settle until the long term prognosis for the victim is understood and their likely future care needs determined. No responsible insurer would want to settle early either.
No decent lawyer will settle until the long term prognosis for the victim is understood and their likely future care needs determined. No responsible insurer would want to settle early either.
'"We join Agata in urging drivers to pay attention on the roads at all times…"'
Presumably the delay can only be because the insurers were doing everything they could to apportion some blame for the accident on the cyclist to reduce the payout. Shocking behaviour as normally liability for a rear end shunt is pretty clear.
Without any access to the precise details of this particular case, I agree that liability is unlikely to have been an issue. With nearly 30 years experience of battling with them in various types of cases, I can put your mind at rest that Irwin Mitchell are one of the best in the business and would have run rings round any insurance claims handler who tried to dispute liability.
The extent of the injuries, however, could easily account for the 'delay'. No lawyer worth their salt would recommend settlement until the injuries have settled at least to a degree that the medical professionals can predict what the final outcome is likely to be. The damages for pain and suffering in a case of this nature will be dwarfed by the compensation for ongoing disability, loss of future wages etc. intended to provide an indemnity for the rest of her life. The final calculations are complex and can produce very different figures. I would guess it was this aspect of the case that resulted in any protracted dispute and a significant interim payment is likely to have been made while negotiations continued.
My sympathies and best wishes to Agata, a lot of us have been there. I'm not sure if she was a member of any cycling group with free legal help for members, but I've received amazing support and action after no less than three inattentive motorists injured me, through my membership of CUK. Can't recommend them enough.
The lack of prosecution is also something I can relate to, as the last driver to hit me, 16 months ago, wasn't prosecuted, which I don't understand. Unless a driver voluntarily surrenders their licence, then it is difficult to see why they shouldn't be prosecuted. If there are no consequences for injuring, or, as we all know, killing a cyclist, what is the incentive for drivers to consider them?
Cyclist? Polish? Waitress? Helmet? Hi Viz?
Sorry to be cynical, but...
In contrast when I, a British subject, was knocked off my bike in Poland, back in the ‘80s, the driver was behind bars before I got out of A&E. Perhaps we could learn from Soviet era Poland? 5 years of delay and no prosecution paints the UK as a Mickey Mouse state.
It is and there is no need for paint. As well as the B word, the five year delay, so far, on the review of road law, first past the post electoral system, privatisation, the list is endless.
Sorry comrade, but if you were an ordinary citizen of a communist country and were hit by a drunk party official or worse, party official's offspring ... you could be the one behind the bars for your attempt to assasinate them.
I was born in communist country and was old enough when the Iron curtain fell to have seen the situation for what it is.
I'm sorry to hear you were hit by a driver, in communist country or anywhere else for that matter.
They just wanted to make an example and avoid bad press and political point scoring by the west. Imagine the Sun and Daily Fail "Commie driver hits Brit, gets away with it. Goverment fails to act."
The judiciary here have to be made to cycle to appreciate the danger. Feel sorry for the Polish lady.
No you weren't.
You certainly know me personally and everything you say is the truth.
#full_of_it
No need to toss the dummy, son.
I don't need to know you personally, to know that you were not born in a 'communist country', for the simple reason that there has never been a 'communist country'.
Hope this helps.
*cough*http://worldpopulationreview.com/countries/communist-countries/*cough*
China, Vietnam, North Korea, Cuba and Laos, comrade.
Nope. Just because a country calls itself 'communist', doesn't make it communist. Just as Labour calls (or 'called', since Corbyn is actually a 'socialist', hence the massive character assassination campaign from the media and from the Blairite wing of the party...) itself 'socialist' but isn't. Just as the Liberal Democrats call themselves 'liberal' but aren't. Just as people speak of 'compassionate conservatism' when such a notion is as oxymoronic as 'a clever Brexit voter'.
Does anyone know the reason why the driver was not prosecuted?