Cyclist Dragged Under HGV on London Cycle Superhighway

Not every successful cycling accident claim is straightforward. Looking back at this case, we were reminded how challenging some claims can become when liability is disputed, the police decide not to prosecute, and insurers refuse to accept responsibility. Despite these obstacles, we helped our client secure a substantial settlement after years of determined legal work and careful evidence gathering.

The Accident

On a cold February night, Sally (name changed), a multimedia producer in her late 30s, was cycling home from work along Cycle Superhighway 7 in London.

As she travelled south just beyond Southwark Bridge, an HGV attempted to overtake her without leaving sufficient room. The lorry struck Sally and dragged her underneath the vehicle, causing devastating injuries to her lower legs.

The collision left her with severe scarring and a long road to recovery.

Serious Injuries and a Difficult Recovery

Following the collision, Sally was admitted to St Thomas' Hospital, where she remained for several weeks.

Her injuries required multiple skin graft procedures carried out by specialist plastic surgeons. When she was eventually discharged, she needed significant support from her husband and young children at home. Even everyday tasks became difficult due to her reduced mobility and ongoing treatment.

Despite these challenges, Sally showed remarkable determination. Only a short time after leaving the hospital, she secured a new job with a higher salary while continuing to attend regular hospital appointments and manage the effects of her injuries.

The Insurer Denied Responsibility

As Sally recovered from her injuries, she faced another major setback.

The police decided not to prosecute the HGV driver because there were no independent witnesses to the collision. The driver's insurers then relied on this decision to deny liability.

Rather than accepting responsibility, they argued that Sally had somehow lost control of her bicycle, wobbled into the vehicle and caused the accident herself.

This left Sally facing not only a difficult physical recovery but also a legal battle to establish what had really happened.

How Cycle Legal Helped

From the outset, we carried out a detailed investigation into the circumstances of the collision.

After meeting Sally in hospital, we visited the accident location ourselves and gathered evidence from the scene. We then built a comprehensive case supported by expert medical evidence.

Reports were obtained from specialists in:

• Orthopaedics

• Plastic surgery

• Care needs

• Psychiatry

The defendant insurers instructed their own experts in each of these disciplines, leading to extensive disputes about both liability and the value of the claim.

When the insurers refused to accept responsibility, we issued High Court proceedings on Sally's behalf.

Following the exchange of witness evidence, the insurers eventually admitted liability.

Rejecting Two Low Settlement Offers

Even after admitting responsibility, the insurers continued to undervalue Sally's claim.

They first made a Part 36 settlement offer of £50,000.

After reviewing the evidence, we advised Sally to reject the offer.

The insurers later increased their offer to £100,000.

Again, we advised Sally not to accept.

The insurer also commissioned surveillance footage in an attempt to challenge her claim. However, the footage simply showed Sally living her everyday life while still relying on a walking stick more than a year after the collision. The evidence supported rather than undermined her account and had little impact on the medical experts' opinions.

The Outcome

The case eventually proceeded to a Joint Settlement Meeting.

After a lengthy day of negotiations, the claim settled for £150,000.

In addition to the compensation payment, the insurers were required to pay Sally's legal costs.

The result was three times higher than the insurer's original offer and reflected the true impact the collision had on Sally's life.

Sally's Reflection

"I was so glad to have Kevin along the journey, which was stressful – you don't expect yourself to suddenly be dealing with the legal system, and I always felt reassured after conversations and updates that I was in safe hands.

Kevin really knew what he was doing and was supportive right from the first visit to my hospital bed. In fact, I think he was angrier than I was that I was videoed at one point. It's good to have someone confident on your side. I'm not going to pretend it's not a difficult journey."