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

Child thrown by sunken manhole cover. Prepared report for highway authority, defending a claim for the cyclist. Although the 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.
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.
Fall of cyclist after wheel trapped in sunken drain. Report for plaintiff drew attention to surface requirements and standards. Outcome not known.
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 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 fell riding in a group with others. Claim between cyclists. 3 reports produced. Amicable agreement of split responsibility by the court.
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 pedestrian at foot of steep hill and prosecuted for careless cycling. I produced a report for the appeal including a reconstruction of the likely events. Appeal successful on grounds that original evidence was unreliable.
Cyclist charged with obstructing traffic. Advice given. Prosecution dropped.
Cyclist thrown by drain grating on private road. Claim successful
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 injured when group of riders fell while avoiding a pothole - claim against second cyclist. My report explained group riding behaviour, hazards and conventions. Case lost by majority verdict of trial jury.
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.
Cyclist prosecuted for hitting pedestrian on country lane. Prosecution dropped when I was able to show deficiencies in the evidence.
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 badly hurt after riding into the back of a stationary lorry at night. Investigation undertaken into possible reasons for the collision.
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.
Numerous cases of cyclists hurt after falls at tram lines. Court cases to date successful but more than 400 other cases outstanding.
Road safety officer criticised cyclist's riding position after altercation with impatient motorist. Based on video evidence I showed that the cyclist rode correctly for the circumstances.
Car door opened into path of cyclist. Carbon forks collapsed. Case settled after report.

Cycling infrastructure

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 for an enhanced amount due to my report.
Child cyclist badly hurt at cycle path/road junction in collision with a car. Prepared report on behalf of Claimant, drawing attention to deficiencies in cycle path design. Settled successfully out of court.
Fall on loose cycle track. Cyclist successful in court.
Cyclist injured in cycle path underpass due to debris and lack of lighting. Prepared three reports on behalf of Claimant relating to different aspects of case. Gave evidence in court, but case lost due to inconsistencies in Claimant's evidence.
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.
Cyclist hurt after being thrown by surface defect on cycle track. Engaged for Claimant and report drew attention to various defects of the track, many of which had been present since new.
Cyclist hit signpost in middle of shared footway. Report for Claimant detailed numerous shortcomings in cycle path design at location, and of the facility type in general.
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 slipped on unseen ice at entry to cycle path underpass. Preliminary advice for Claimant noted many shortcomings in cycle path design at location and how it was a natural trap for water and ice.
Cyclist injured when cycle forms snapped leaving cycle path. Referred to metallurgist.
Cyclist hit taxi door opened by passenger while filtering past in a cycle lane. Advice given - unable to afford legal advice. Court found cyclist 80% at fault and passenger 20%.
Report produced for pedestrians organisation about hazards of proposed cycle route. In due course the route was modified.
Cyclist thrown from bike at bridge along cycle trail. Claim successful
Cyclist badly hurt after hitting bollards at bottom of a hill on a NCN track after dark. Several shortcomings of the route highlighted, including unsuitability for use at night. Outcome unknown.
Safety audit of shared-use footway and proposed junction changes carried out for residents' association.
Cyclist rode into unprotected drainage channel alongside unlit cycle path at night. Court found in favour of cyclist.
Cyclist thrown and seriously injured crossing kerb on transition from road to cycle path.
Pedestrian killed by cyclist riding on footway. Cyclist changed plea to guilty before my investigations were complete.
Pedestrian injured by awkward barrier across cycle path. Liability admitted following my report and settled out of court in favour of the pedestrian.
Cyclist thrown by tramline where crossed by a cycle lane at an unsafe angle. Settled at the court door in favour of the cyclist.
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.
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.
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.
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.
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.
Child cycling on footway hit fence, suffering facial injuries

Off-road

Child badly hurt when cycling along a forest cycle trail. Engaged on behalf of Claimant and my report showed that the trail was poorly suited to cycling and dangerous at the fall location. Case settled successfully out of court.
Adult hurt riding child's cycle in children's playground. Help sought by Claimant in claim against playground owner, but my report found cyclist largely at fault. Settled 50:50.
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 hurt on former BMX track. Report based on photographs as track had since been redeveloped.
Child cyclist hurt riding on former BMX track. Report highlighted lack of recent maintenance, but also noted that child had disregarded warning notices. Case discontinued.
Cyclist paralysed falling from see-saw along cycle trail attached to holiday camp. Substantial settlement in favour of cyclist.
Cyclist thrown on a RUPP (road used as a public path) where it 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 resting on the land owner.
Man paralysed after riding down steep slope on common land and being thrown by log across path. My investigation showed that the cyclist had ridden 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.
Girl hurt on forest trail with school group due to inexperience and insufficient supervision. Settled out of court as compromise after protracted investigations and conflicting evidence.
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.
Child hurt coming down steep hill beyond his ability. Case lost in court.
Child hurt on BMX track. Preliminary advice given that track was not difficult to use and that child probably just lacked confidence. Case dropped.
Woman injured on mountain bike course in Pyrenees. Obstacle unreasonable for her ability. Settled in cyclist's favour.
Cyclist hurt when frame came apart. Settled.

Contributory negligence

Numerous cases involving cyclists not wearing cycle helmets. So far, all settled 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.
Cyclist killed by car at approach to stationary truck. Asserted that cyclist could have used cycle paths. Following my report, settlement achieved in favour of cyclist's dependants with no reduction for contributory negligence.
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 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 by car at roundabout. Car driver at fault but standard of cycling also poor. Settled out of court with deduction for poor cycling but no deduction for not wearing a helmet (part of the original contributory negligence claim).

Cycle faults and valuations

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.
Information given about braking standards following the mechanical failure of a bicycle. Outcome unknown.
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.
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.
Child's trousers caught in cycle chain due to alleged cycle fault. Case abandoned during my investigations.
Front forks buckled. Referred to metallurgist.
Child thrown by loose saddle on nearly new bike. Claim against cycle shop. Instructed for the Defendant, that the bike had been taken away 'boxed' and that responsibility for saddle adjustment lay with the child's parents. Case settled by agreement.
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.
Two cyclists hit by car. Driver prosecuted but value of bikes challenged by insurer. Valuations produced.
Front wheel fell out from nearly new bike causing injury. Report prepared on likely cause.

Trading standards

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

Inquiries and investigations

Evidence given at a public inquiry concerning the severance of cycle and public transport access by a proposed development.
Report produced for submission to employment tribunal after Royal Mail worker sacked for not wearing a cycle helmet. Case eventually succeeded.
Report produced about routing of proposed cycle route for local organisation. Presented to public inquiry but evidence not given verbally.
Evidence given at public inquiry into potential danger for cyclists of proposed new cattle grids. Found against objection.
Report presented to Northern Ireland parliamentary committee on helmet use by cyclists.

Other cases

Advice sought on earnings of competitive cyclist. General advice given and referred on for more detailed information.
Trainee instructor injured during stunt riding on mountain bike course. Preliminary advice given on suitability of content of course. Settled before trial.

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