Expert Witness

CASEBOOK

Below are brief details of some of the cases I have assisted.

I must, of course, preserve anonymity, so I mention only general details, in order to give a flavour of the range of work that I cover. However, if your case is completely different, do not hesitate to enquire further as I will help if I can.

Road-related cases

Cyclist thrown by sunken manhole cover. Prepared report for highway authority, defending a claim by the cyclist. Although manhole was a hazard, the cyclist had been riding inappropriately for the journey he was making. Settled out of court for a much reduced sum.
Cyclist fell on edging stones at side of road. Engaged in support of cyclist, but advised that case was weak and lack of skill was a factor. Not pursued.
Fall of cyclist after wheel trapped in sunken drain. Report for plaintiff drew attention to surface requirements and standards. Outcome not known.
Cyclist badly hurt after crossing a transverse trench in road, but made more complicated because fall did not take place until some distance after. Engaged on behalf of defendants, a construction company, to assess whether fall could have resulted from impact with trench. Calculations based on likely speed, gradient and other factors suggested that such a fall was plausible. Case settled out of court.
Cyclist in school group fell on steep moorland hill, injuring following cyclist. Engaged by plaintiff in claim against school, to assess quality of supervision of group. Attended court, but case stopped when it became clear that the plaintiff had wrongly identified the crash location and was an unreliable witness.
Cyclist hit by overtaking car whilst preparing to turn right. Engaged by defendant, through his insurers. Report concluded that cyclist had behaved correctly and that motorist had been travelling too fast. Settled out of court in favour of the cyclist.
Cyclist hit at rear by motorist. Advice sought on claim of contributory negligence as the cyclist had not been wearing a helmet. Information given on helmet efficacy and shortcomings.
Cyclist prosecuted for hitting pedestrian on country lane. Prosecution dropped when I was able to show deficiencies in the evidence.
Cyclist thrown by gravel on bend during club event. Engaged for plaintiff against event organisers and case taken to court. Judge critical of both sides, but case lost.
Cyclist hit by car at T-junction when his right-of-way was not respected. Advice given for own claim against driver through small claims court.
Cyclist hit by car. Engaged by defendant's insurers to advise whether the cyclist should have worn a helmet. Limitatins of helmets explained. Outcome unknown.
Cyclist hit and seriously hurt by refuse truck while filtering past it along the kerb. Detailed investigation including CCTV video records showed that truck driver should have been aware of cyclist but that the cyclist was probably also at fault. Settled as compromise prior to court.
Cyclist badly hurt after riding into the back of a stationary lorry at night. Investigation undertaken into possible reasons for the collision.
Electric bike thrown by upstand at road junction. My report showed that the junction design did not meet reasonable standards but the report was refused by the court as it had been commissioned too late. The cyclist lost her claim for compensation.
Cyclist thrown by tramline where crossed by a cycle lane at an unsafe angle. Settled at the court door in the cyclist's favour.
Criminal case, motorist turning left hit cyclist who was undertaking. Motorist's solicitor wanted me to give evidence, but this was disallowed by the court due to the short notice.
Cyclist hit by car in Tenerife while riding hotel bike. My report showed that the case against the hotelier was weak and the case was not continued.

Cycle path and facility cases

Cyclist killed on cycle path, in part due to vandalism. Engaged on behalf of cyclist's dependants and drew attention to poor lighting, surfaces and other matters that contributed to crash. Settled successfully out of court.
Adult cyclist hit by child cyclist at blind junction on a cycle path. Assisted in claim against highway authority on grounds of unsatisfactory design of junction. Evidence given in court, and claim succeeded.
Child cyclist badly hurt at cycle path/road junction. Prepared report on behalf of plaintiff, drawing attention to deficiencies in cycle path design. Settled successfully out of court.
Cyclist injured in cycle path underpass due to debris and lack of lighting. Prepared three reports on behalf of plaintiff relating to different aspects of case. Gave evidence in court, but case lost due to inconsistencies in plaintiff's evidence.
Novice cyclist hurt in fall on rural cycle trail. My report highlighted the inadequacies of the surface, other aspects of design, promotion of the route and the activities of a cycle hire centre. Settled successfully out of court.
Cyclist in collision with car at cycle path/road crossing. Assisted cyclist as defendant against claim by motorist and as plaintiff in action against highway authority. Cycle path design was a principal factor, but there was also a lack of sufficient care on the part of the cyclist. All suits eventually abandoned due to lack of legal aid support.
Collision between two cyclists at cycle path junction. Prepared report on behalf of one cyclist in claim against highway authority – poor visibility and a steep gradient were factors. Claim dropped due to insufficient means.
Cyclist thrown by upstand in cycle lane along road. Report, on behalf of the plaintiff, drew attention to the general poor standard of the cycle lane and how it made a cyclist more vulnerable.
Cyclist hit head on low sign on cycle path. Report, for plaintiff, cited relevant standards and commented on generally poor standard of path. Settled successfully just prior to court.
Collision between cyclist and pedestrian on shared-use path. Contacted for defendants, a highway authority. Information given about shortcomings and collision potential of paths.
Pedestrian hit by cyclist on shared-use path. Report, for pedestrian in claim against local authority, showed how collision was predictable as design of path was to an inadequate standard. Settled prior to court for £200,000.
Cyclist hurt after being thrown by surface defect on cycle track. Engaged for plaintiff and report drew attention to various defects of the track, many of which had been present since new.
Cyclist hit lamppost in middle of shared footway. Report for plaintiff detailed numerous shortcomings and dangers of this facility in particular, and of the facility type in general.
Cyclist slipped on unseen ice at entry to cycle path underpass. Preliminary advice for plaintiff noted many shortcomings in cycle path design at location and how it was a natural trap for water and ice.
Cyclist injured when cycle forks snapped when using off-road path. Referred to metallurgist.
Recumbent cycle damaged by drainage channel obscured at entrance to cycle path underpass. Assisted with small claims court action but court decided that cyclist could not expect perfect facilities.
Cyclist hit bollard within cycle path while riding at night. My report drew attention to several deficiencies of the path. Settled at the court door, largely in favour of the cyclist.
Dog badly hurt after attacking cyclist on shared-use path. Police prosecution of cyclist dropped after my report and video explained the inherent limitations of shared-use paths, the responsibilities of all users and that the cyclist had most likely been riding cautiously.
Report for residents concerned about narrow shared-use footway with very poor sightlines to and from their properties. My report showed that their safety concerns were justified and that it was much safer for cyclists to use an adjacent bus lane.
Cyclist killed on path at night with no witnesses and inadequate investigation by the police. I was able to suggest options as to how the deceased might have been thrown from his bike.
Pedestrian injured by awkward barrier across cycle path. Liability admitted following my report and settled out of court in favour of the pedestrian.
Pedestrian killed by cyclist riding on footway. Cyclist changed plea to guilty before my investigations were complete.
Safety audit of shared-use footway and junction carried out for residents' association.
Cyclist thrown and seriously injured crossing kerb on transition from road to cycle path.
Cyclist rode into unprotected drainage channel alongside unlit cycle path at night. Court found in favour of cyclist.
Cyclist using cycle lane hit by car turning left at junction. Attempt to claim contributory negligence on the grounds that the cycle lane was clearly an unsafe place to be. Settled in favour of the cyclist.
Audit of proposed cycle route for local residents.

Off-road

Girl hurt on forest trail with school group due to inexperience and insufficient supervision. Settled out of court as compromise after protracted investigations.
Cyclist thrown on rough track during school trip. Report, for defendants, showed that although hazards were present, the supervision of the children was to a good standard. Claim withdrawn after start of court proceedings as direct consequence of my report.
Child cyclist hurt riding on former BMX track. Report highlighted lack of recent maintenance, but also noted that child had disregarded warning notices.
Child badly hurt when cycling along a forest cycle trail. Engaged on behalf of plaintiff and my report showed that the trail was poorly suited to cycling and dangerous at the fall location. Case settled successfully out of court.
Child hurt on BMX track. Preliminary advice given that track was not difficult to use and child probably lacked skill. Case dropped.
Trainee instructor injured during stunt riding on mountain bike course. Preliminary advice given on suitability of content of course.
Woman hurt on off-road trail as part of 'away day' required by her employer. Report highlighted limitations of trail for someone with no previous experience of off-road cycling.
Man paralysed after riding down steep slope on common land and being thrown by log across path. My investigation showed that the cyclist had only himself to blame for riding in a place where cycling was not permitted and without investigating the nature of his route first. Claim for compensation against land owners dropped following my report.
Cyclist thrown on a RUPP (road used as a public path) where is passed through industrial premises as a concrete road. My report detailed the hazards of the route, but the case was thrown out by the court due to evidence about the age of the right of way which meant that users had to take it as they found it with no responsibility for maintenance on the land owner.
Cyclist paralysed falling from see-saw along cycle trail attached to holiday camp. Substantial settlement in favour of cyclist.

Contributory negligence

Numerous cases involving cyclists not wearing cycle helmets. All settled in favour of cyclist.
Cyclist prosecuted for riding on the road when there was a parallel cycle path. Presented evidence showing inadequacy of cycle path and countering claims about where a cyclist should expect to ride on the road. Original hearing found against cyclist but overturned upon appeal.
Cyclist hit by car at roundabout. Car driver at fault but standard of cycling also wanting. Settled out of court with deduction for poor cycling but no deduction for not wearing a helmet (part of the original contributory negligence claim).
Cyclist hit by coach on road with cycling ban. I was able to show that the cyclist could not have expected the ban, which was very poorly signed, and that the parallel NCN route was unsuitable as an alternative.
Cyclist hit at speed by car turning across his path. Defendant's insurers claimed contributory negligence as cyclist was not wearing a helmet. Report produced showing limitations of cycle helmets and how it would have been unlikely to have made a difference in this case. Trial curtailed with full settlement in favour of cyclist.
Police refused to prosecute a motorist who hit a cyclist because the cyclist could have used an adjacent cycle path. Help given to cyclist but no satisfactory conclusion.
Cyclist killed by car overtaking stationary truck. Asserted that cyclist could have used cycle paths. Following my report, settlement achieved in favour of cyclist with no reduction for contributory negligence.

Trading Standards

Assessment of standard of repairs carried out by cycle shops.
Evaluation of electric bicycles.

Cycle faults

Inner tube exploded, throwing rider, after repairs by cycle shop. Court agreed with my view that the shop should have checked the seating of the tyre.
Information given about braking standards following the mechanical failure of a bicycle. Outcome unknown.
Advice sought on pedal design when cyclist hurt after being unable to disengage foot from clipless pedal. Advised that incident largely due to the cyclist's inexperience with this type of device.
Cyclist thrown when pannier collapsed into wheel. Advised on shortcomings of pannier design and case referred to metallurgy expert.
Front wheel fell out from nearly new bike causing injury. Report prepared on likely cause.
Two cyclists hit by car. Driver prosecuted but value of bikes challenged by insurer. Valuations produced.

Other cases

Adult hurt riding child's cycle in children's playground. Help sought by plaintiff in claim against playground owner, but my report found cyclist largely at fault.
Evidence given at a public inquiry concerning the severance of cycle and public transport access by a proposed development.

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