Our client, a delivery driver, was travelling along an access road to an event in order to deliver a portaloo. A cycle path crossed the access road, although there were no signs to warn our client that the path was there. There was also a hedge obscuring our client’s view of the cycle path, and the chicanes that had been placed at either end of the path, where it crossed the access road, had been removed. Our client’s vehicle collided with a cyclist as she crossed the access road, fatally injuring her at the scene. He suffered from post-traumatic stress disorder (PTSD) as a result of the accident.

He contacted our Serious Injury team based in Leeds. Liability for the accident wasn’t straightforward; the insurance company for the owners and occupiers of the land initially alleged that our client had been partly responsible for the accident, despite him being unable to see the cyclist on his approach to the accident scene and there being no warning signs that a cycle path crossed the access road. Delay in the inquest into the death of the cyclist also prevented the majority of evidence being made available. 

The issue of liability was never formally resolved, as we succeeded in negotiating an overall settlement on behalf of our client, who was absolved by the Coroner of any responsibility for the accident, which was of great comfort to him.

Charlotte Foster, a serious injury solicitor who handled his case, said: “Our client managed to return to work following the accident. Although he was provided with psychological treatment on a private basis, it is, sadly, unlikely that he will fully recover from his PTSD. 

“He’s received daily emotional support and reassurance from his wife since the accident, over and above that which she would have provided if he didn’t have PTSD, and he will continue to need similar support for the rest of his life.”

We recently settled his claim and he will receive a sizeable settlement, which includes the cost of him receiving private psychological treatment, as well as funding for any support that he may need in the future if, for any reason, his wife is no longer able to provide it.

If you have lost a loved one due to an accident at work, our serious injury compensation solicitors could help you claim compensation to help get the answers you deserve. For more information visit our fatal accident claims or workplace accident claims page.

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