Cyclist sues cyclist over crash damages
Crashing in a group is not uncommon (Tim de Waele)
In a case that might have far-reaching implications for cyclists riding in organised groups, a Scottish cyclist is seeking damages from a fellow rider after being seriously injured in a crash.
According to a report on the BBC, John Telfer and Gordon Macpherson were part of a group who regularly rode together. Telfer was seriously injured during a ride with the group on 15 June 2003 and is claiming £370,000 compensation from Macpherson.
A jury at Edinburgh Court of Session will decide whether Macpherson was responsible for the crash. The court was told on Tuesday that damages had been agreed at £370,000 but what was in dispute was liability for the crash itself.
Telfer told the court that when the crash occurred he was part of a group of nine riders travelling at about 25mph. He said Macpherson and his son Colin were at the front of the group, and had started sprinting.
“I saw Gordon Macpherson do this movement from left to right across the road,” said Telfer. “I remember seeing his hands go down to the side of the handlebars.
“I got a clear view of when his hands came down and effectively lost control of the bike,” he said.
Telfer said that MacPherson lost control of his bike and fell off, as did other riders in the group. Although he had time to take evasive action, doing so put him in the verge where he went over the handlebars.
"I just remember an almighty crunch at the back of my neck and I lost consciousness for a period of time. I regained consciousness and was unable to move," he said.
Telfer suffered temporary paralysis and had to undergo an operation to his spine. He was subsequently retired from his job at the Scottish Prison Service on medical grounds.
Telfer’s junior counsel, Lisa Henderson told the court that it was agreed Macpherson had lost control of his bike when he rode over a manhole cover. But she claimed that Macpherson was holding his hands in such a way that he did not have proper control over his bike at the time, and so his hands slipped off the handlebars and he lost control.
The case continues to be heard in the Court of Session today.
User Comments
There are 7 comments on this post
Showing 1 - 5 of 7 comments
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leloby
Posted Mon 25 Feb, 1:43 pm GMT Flag as inappropriate
Yes, no excuse for riding into the back of someone. Its YOUR fault pal.
Signed: The JUDGE.
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jerry3571
Posted Thu 31 Jan, 8:49 am GMT Flag as inappropriate
Most crashes are caused by someone. The act of drafting ensures that breaking distance is minimal. If the man, who was injured, had insured that he had adequte breaking distance then a crash would have been avoided. As with a car, if you drive in to the back of someone then it's your fault. If he did not want to take any chances he could've sat up and let them get on with the sprint. I think the Defendant could claim against the Claimant as he was ridden in to after he lost control.
We had a similar issue at a local circuit; we all got to have BCF Silver Licences to ride. Good idea if anyone claims against you.
Cheers jerry
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chill888
Posted Wed 30 Jan, 11:29 pm GMT Flag as inappropriate
nauseating
perhaps he's guilty
if so he owes the group a round of beers - really good dark belgium beers.
370k?? sickening and offensive .... but a reminder to have personal liability insurance in this stupid age
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Vegeeta
Posted Wed 30 Jan, 9:47 pm GMT Flag as inappropriate
This is ridiculous! I'd punch Telfer in the face if he tried that to me!!
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Always Tyred
Posted Wed 30 Jan, 9:34 pm GMT Flag as inappropriate
This whole story has "no win no fee" written all over it. Mr Telfer's sense of self justification is clouding his judgement.
As much sympathy I have for anyone who is injured cycling, I sincerely hope that common sense prevails.
Even pro cyclists spontaneously fall off from time to time - we've all seen on TV when in the 4th hour of a stage from somewhere flat to somewhere else flat, half of the peloton inexplicably goes down like dominoes. And that on traffic free roads re-surfaced for the region's big day.
I live in the same area. The roads are neither traffic free nor in particularly good condition. Having one's hands jarred from the bars is by no means inexplicable. Careless perhaps, however, "there but for the grace of god...."
Cyclists are subject to the same rules of the road, right? If you are driving and you hit the car in front, the burden is on you to demonstrate why you were not at fault. The next legal position is that it was not your fault. The next position after that is that it was the other person's fault.
Additionally, who did Telfer head for the verge to avoid? It appears that the guy who initially fell was at or near the front of a group. Others fell and Telfer failed to control his bike whilst taking evasive action to avoid colliding with falling riderS, plural.
If he must show that he was not at fault for riding too close to the guy in front, then that guy must show the same in turn, and along up the line. Are they each going to pay him £40k? Or can't he contemplate blaming too many of his buddies?
For once, the presumption of the average judge that cyclists are the spawn of satan may yield the preferred result.
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