Cyclist receives personal injury compensation after collision with roadworks

Posted 14/02/2011

A cyclist has been awarded personal injury compensation after he was hurt during a collision with some roadworks.

Roger Excell had been cycling to work through Poole when the accident occurred in August 2007, the Bournemouth Echo reports.

It was a rainy early morning and although he had a good light on his bicycle, Mr Excell claims a temporary sign was blocking the cycle path ahead of him.

He crashed into the back of it, suffering injuries to tendons and muscles in his groin and legs which meant he had to stay off work for a week.

Mr Excell’s helmet was also torn open and he was unable to walk properly for several weeks.

The victim took legal action against the Borough of Poole, claiming that the sign was unlit and therefore dangerous to road users.

A judge this week found in Mr Excell’s favour and ordered the Borough of Poole to pay £5,000 in compensation and £8,099 costs.

“The money side of it doesn’t really bother me. I just wanted Poole council to be punished by the court,” the victim commented.

According to the Department for Transport, under section 17(2) of the Interpretation Act, temporary road signs must be placed where they will be clearly seen and cause minimum inconvenience to drivers, cyclists, pedestrians and other road users.

Justina Molloy, a Ashtons Legal personal injury specialist and cycling enthusiast, has significant experience in bringing claims on behalf of cyclists. She comments: “Cyclists are a vulnerable group of road users, not just in terms of the risks provided by other road users but from the design and maintenance of the roads themselves. In 2007 some 2,564 cyclists were killed or seriously injured in road accidents. 

“In order to succeed in bringing a claim, an injured cyclist has to prove this was due to someone else’s negligence. Often cyclists are not insured and therefore have to rely on a no-win, no-fee agreement to be in a position to sue for damages.”