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Cyclist sues driver who left him with brain injury after crash on roundabout

Insurers for Jack Harris have admitted liability but are unable to agree compensation with victim Philip Smnith, who is seeking £200,000

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.

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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