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Award of damages for young cyclist hit by truck

Outstanding student JM was hit by a truck on the way home from school

Our young cyclist client

26 January 2009

On 29 June 2005, JM was cycling his bike home from school. He exited a dedicated cycle track running across a public park onto a residential road and collided with a 12 tonne Iveco truck.

The truck was found from its tachograph to be speeding at 41 mph in a 30 mph zone. It was also found to have defective brakes. The driver was convicted of driving without due care and attention and driving with defective brakes.

Our client, who was aged 15 at the time of his accident, had been an A* student. He was likely to be appointed head boy in his final pre-sixth form year at secondary school. He suffered a fractured skull and serious brain injury. Despite the fact that the truck was both speeding in a residential area with defective brakes, allegations of contributory negligence were made against our client on the basis of the driver’s claim that he had pulled out into the road without first looking.

With the unstinting support of his family he then embarked on the long and slow process of rehabilitation. Despite suffering problems with coordination, cognitive impairment and homonymous hemianopia our client has now secured a place at university. Whilst his injuries prevent him from pursuing his dream of being a pilot in the future, it is hoped that with a degree he will secure graduate employment in the field of aeronautics.

Our client’s family was referred to the child brain injury charities the Child Brain Injury Trust (CBIT) and the British Institute for Brain Injured Children (BIBIC) via Great Ormond Street Hospital who in turn referred them to Sally Moore, head of the personal injury department at Leigh Day & Co and one of the solicitors on charities' Legal Panel. After a long battle on liability, the driver’s insurer made an offer of settlement which represented a substantial six figure sum on a full liability basis which was accepted.

Information was correct at time of publishing. See terms and conditions for further details.

Information was correct at time of publishing. See terms and conditions for further details.

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