Jodi covers the following topics:- 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 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 bike assessments Case study examples Video footage Presumed liability and Road Share update

1. “Cycling collisions, compensation
and Civil Law”
10th June 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. Fault based system - Dooring

10. Fault based system - Roundabouts

11. Fault based system – Junctions

12. Fault based system – Junctions (2)
James Moffat v Zenith

13. Close Pass

14. Motor Insurers’ Bureau
Derek Smillie

15. Road Hazards

16. Tram track cases

17. Are temporary repairs satisfactory?

18. Cycle Paths

19. Cycle Paths

20. Craigleith Cycle Path

21. Temporary traffic signs

22. Challenges – Police

23. Witness evidence

24. Checks and balances

25. “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.”
ü“The cyclist was riding too slowly.”

26. Protocol
• Liability – 12wks
• Quantum

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

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

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

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. Europe-wide support

36. Everyone is an individual

37. What if it happens to you?

38. What if it happens to you?

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

40. Collision Card

41. Legal Expense Protection

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

44. Making a positive difference
Q and A?