Jodi Gordon, Cycle Law Scotland Partner and specialist cycling Lawyer, discusses:- • Criminal v Civil Law. • Common cycling incidents. • Primary causes of cycling collisions. • What to do in the event of a collision. • The claims process and why it is important. • Dealing with Insurers. • The role of Police Scotland. • The role of Specialists. • Witnesses. • Case Law and how we apply it. • Preparing a case. • The use of CCTV and Video footage. • Valuing injury, damage and loss. • Rehabilitation and why it is important. • Damaged bike assessments. • Case study examples. • Video footage. • Presumed liability and Road Share update

1. “Cycling and Civil Law – your rights
and responsibilities”
22nd October 2019

3. Highway Code

4. Criminal Law
‘Innocent until proven guilty’

5. Balance of Probability
Negligence

6. Prove fault

7. Fault based system
“To require an injured
person to prove fault
results in the gravest
injustice to many innocent
persons who have not the
wherewithal to prove it.”

8. Common Cycling Incidents
Dooring
Junctions
Passing
Roundabouts

9. Dougie Hay
Fault based system - Dooring

11. Fault based system – Roundabouts
and Junctions

12. Cycle Paths – A Cautionary Tale

13. Fault based system - Dooring

14. Close Pass

15. Motor Insurers’ Bureau
Kieran Power

16. Road Hazards

17. Road Defects

18. Road Defects

19. Are temporary repairs satisfactory?

20. Clyde Tunnel and Erskine Bridge

21. Challenges – Police

22. Witness evidence

23. Checks and balances

24. “Insurers’ Excuses”
ü“The cyclist came out of nowhere.”
ü“The cyclists pulled off the pavement in front of
me.”
ü“The cyclist was riding too fast.”
ü“There was a low sun.”
ü“The cyclist fell off due to the wind or a pothole.”
ü“The cyclist went through a red light.”
ü“The cyclist was not wearing a helmet.”

25. Protocol
• Liability – 12wks
• Quantum

26. Restitutio in integrum
“Restoration of an injured party to the
situation which would have prevailed had no
injury been sustained.”

27. Damages
üBicycle
üHelmet
üKit
üHelp and Assistance
üExpenses
üInjury
üLoss of income

28. Damaged Bike Assessment
Network of 150+ bike shops across Scotland

29. Interim payments

30. Injury

32. Rehabilitation
ØInitial needs assessment
ØPhysiotherapy/Counselling
ØCase management
Code of best practice.

33. Glenn Johnstone

34. Access to early rehab is important

35. Quantification of Damages
ü Wage loss
ü Pension loss
ü Adaptation
ü Needs and
equipment
ü Care costs
ü Housing

36. End Result - Settlement

37. End Result – Court action

38. Everyone is an individual

39. What if it happens to you?

40. What if it happens to you?

41. What if it happens to you?

42. What if it happens to you?
üPolice Incident
Information form.
üPhotos from the scene.
ü3rd Party Reg No.

43. Collision Card

44. Legal Expense Protection

45. Campaigning for safer cycling in
Scotland
Campaign for
Presumed Liability

46. I ride too! campaign
I RIDE TOO!Scotland
CYCLE LAW™
#Iridetoo

48. Making a positive difference
Q and A?