Cyclist loses damages case against fellow cyclist
Group riding can be dangerous (Tim de Waele)
The Scottish Court of Session has ruled against a cyclist who was suing another cyclist after a crash on a group ride.
The plaintiff in the case was John Telfer, who was asking £370,000 in damages from Gordon MacPherson. He claimed that MacPherson was responsible for a crash in a group of nine riders that occurred on June 15th, 2003.
MacPherson and his son Colin were leading the bunch and had an impromptu sprint. MacPherson hit a manhole cover and crashed, bringing down most of the riders behind. Telfer was at the back, but couldn't avoid the downed riders and went over the handlebars. He injured his spine and suffered temporary paralysis as a result, and had to be retired from his job on medical grounds.
Telfer claimed that MacPherson was not in full control of his bicycle and therefore at fault in the accident. But the jury in the case did not agree, and ruled against Telfer.
User Comments
There are 3 comments on this post
Showing 1 - 3 of 3 comments
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grimpeur
Posted Thu 7 Feb, 1:20 pm UTC Flag as inappropriate
Thankfully common sense prevails...for once.
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SteveR_100Milers
Posted Thu 7 Feb, 6:33 pm UTC Flag as inappropriate
How cod they come to any other decision - after all legally if you are involvd in an RTA where you collide with the vehicle in front you are always at fault on the gounds of not paying enough care and attention. Don't see how this is legally any different, sad though the case is. It also highlights the benefit of joining one the organisations (CTC, BC etc) that offer accident insurance cover as part of the membership.
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glangdon
Posted Fri 8 Feb, 1:50 pm UTC Flag as inappropriate
Really the only sensible decision. My sympathies to the injured rider but if he'd won his case then the floodgates would open and there would be litigation all over the place. It would have been a disaster for Sunday rides - especially organised ones as the next thing would be calims agaions the clubs who orgabnise them - then insurance requirements, 3rd party liability and like school sports - the end!
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