Injuries from collision between cyclist and motor vehicle on shared use paths
Levenes successfully settled a claim brought by a cyclist who was involved in a road traffic accident at the entrance to Tottenham Hale Retail Park. Our client was an experienced cyclist who was lawfully cycling along the shared-use-path for cyclists and pedestrians. He approached the entrance of the retail park which intersects the shared use path. There were markings at the entrance warning cyclists and pedestrians to look both ways before crossing, but there were no give way lines. Levenes argued that as there were no give way lines indicating to cyclists that they must give way to traffic driving in and out of the retail park, that this meant it was for the driver of the motor car to give way to both pedestrians and cyclists using the shared use path.
Who has the right of way over shared use paths?
In this case, a collision occurred when our client and Defendant both approached the entrance at virtually the same time. Our client intended to continue his route along the shared use path across the entrance to the retail park. The Defendant intended to turn off from the main road and enter the retail park. His route took him across the shared-use path, and he was obliged to give way to persons using it, but he failed to do so and caused a collision with our client’s bicycle. The accident was captured on the CCTV of the retail park.
Cycling injury compensation claim
The Defendant was prosecuted for driving without due care and attention but was subsequently acquitted in the magistrates’ court with the help of a highly questionable accident reconstruction report which was not allowed to be admitted in the civil claim as the evidence was flawed.
Despite what we felt to be an injustice in the magistrates’ court, Levenes took the decision to pursue his compensation claim further and therefore proceedings were brought at the County Court. A week before the Trial the claim settled.
Had a cycling injury claim?
Our specialist lawyers can help cyclists involved in an accident recover compensation. You’ll need expert advice on what action you can take to obtain accident compensation. You can trust in the experience and knowledge of our team of professional cycling injury lawyers to ensure that you receive the maximum amount of compensation that you are entitled to.