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 collisions, compensation
and Civil Law”
4th March 2019

3. Criminal Law
‘Innocent until proven guilty’

4. Balance of Probability
Negligence

5. Prove fault

6. 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.”

7. Common Cycling Incidents
Dooring
Junctions
Passing
Roundabouts

8. Dougie Hay
Fault based system - Dooring

10. Ronnie Docherty
Fault based system - Junctions

11. Fault based system - Roundabouts

12. Motor Insurers’ Bureau
Kieran Power

13. Road Hazards

14. Robinson v SBC

15. Donald’s Experience

16. Cycle Paths

17. Cycle Paths

18. Joe’s experience

19. Jim’s experience

20. Challenges – Police
#OPCLOSEPASS

21. Witness evidence

22. Checks and balances

23. “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.”

24. Protocol
• Liability – 12wks
• Quantum

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

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

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

28. Interim payments

29. Injury

30. Quantum

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

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

35. End Result - Settlement

36. End Result – Court action

37. Everyone is an individual

38. What if it happens to you?

39. What if it happens to you?

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

41. Collision Card

42. Legal Expense Protection

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

45. Making a positive difference
Q and A?