Cyclist Receives Compensation from Council due to Injury on Poorly Maintained Roads

April 12th, 2016 | By News

In December 2013, David Robinson-a 52 year old chartered surveyor from Edinburgh and keen cyclist-was cycling with members of the Edinburgh Cycling Club when. The group of twelve riders approached the bridge crossing the Biggar Water on the A701 near Broughton. Suddenly, the front wheel of David´s bike lodged in a metal groove in the road surface. David was thrown into the air and landed on his right arm – suffering multiple lacerations and bruises and fracturing his wrist and elbow.

An investigation was launched into David´s cycling accident, which found that the groove was one of several joints between an old masonry arch and a newer concrete construction that had been built in 1990 and that sat proud of the road surface.

As a result of his injuries, David sought legal counsel and made a claim for cycling injuries due to a poor road surface against Scottish Borders Council-the body in charge of road maintenance–alleging that the exposed groove represented a hazard in the road that local authority had failed to deal with.

Scottish Borders Council contested the claim for cycling injuries due to a poor road surface on the grounds that the exposed groove did not constitute a defect, and that David´s accident was more likely attributable to his own lack of care.

The case went to the Court of Session in Edinburgh, where Lady Wolffe heard that the edges of the grooves would not have been exposed if work carried out by the council in May 2015 had been completed competently and brought the level of the roads surface up to or above the level of the exposed joints.

The judge dismissed Scottish Borders Council´s argument that David should have taken more care while cycling along the road, saying that there was no evidence to support claims that David was riding inappropriately “in either speed or manner, having regard to the weather and road conditions”.

Finding in David´s favour, Lady Wolffe awarded £100,000 in settlement of the claim for cycling injuries due to a poor road surface – an amount that had been agreed prior to the hearing should Scottish Borders Council be found at fault.

Categories: Construction Accidents


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Determine whether you have construction injury claims worth your while to pursue by speaking with a solicitor from our freephone Construction Injuries Compensation Service. Determine whether you have construction injury claims worth your while to pursue by speaking with a solicitor from our freephone Construction Injuries Compensation Service.

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Determine whether you have construction injury claims worth your while to pursue by speaking with a solicitor from our freephone Construction Injuries Compensation Service.
Determine whether you have construction injury claims worth your while to pursue by speaking with a solicitor from our freephone Construction Injuries Compensation Service.
Determine whether you have construction injury claims worth your while to pursue by speaking with a solicitor from our freephone Construction Injuries Compensation Service.

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