Hit By Taxi - Legal Advice Needed

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Comments

  • The Rookie
    The Rookie Posts: 27,812
    PoweredByIdris wrote:
    Just want to say fair play to Rookie for patiently typing out everything and making sure the OP is supplied with as much knowledge as possible. Top work.
    Aww shucks.....thank you.
    Ryan_W wrote:
    It was not my speed that caused the accident, it was the timing.
    Erm no, take it to an extreme, at 4mph you could have stopped, but if you read the two cases I linked to a Judge may consider your speed material in either whether the accident would happen or not (time to avoid) or whether it affected the severity (as in the cyclist case I linked to) and based on what he decides would have been an appropriate speed (and he may well agree your speed was appropriate) reduce an award because of either or both of those factors. If it gets that far you are in the hands of the evidence presented and how the judge weighs that up.
    Currently riding a Whyte T130C, X0 drivetrain, Magura Trail brakes converted to mixed wheel size (homebuilt wheels) with 140mm Fox 34 Rhythm and RP23 suspension. 12.2Kg.
  • ryan_w-2
    ryan_w-2 Posts: 1,162
    The Rookie wrote:
    Erm no, take it to an extreme, at 4mph you could have stopped


    I really wouldn't have been able to stop. The door was opened onto me. You could have been doing 1mph and still hit the door.

    That's why I said it was all timing.

    I hit the 6-10" edge of the door, not the big flat part.

    I do appreciate all your input into this though Rookie.
    Specialized Allez Sprint Disc --- Specialized S-Works SL7

    IG: RhinosWorkshop
  • The Rookie
    The Rookie Posts: 27,812
    Fair enough, but as noted if a judge finds that inappropriate (please understand that I'm not, I don't know enough to say) he may factor in the injury and damage 'reduction' had you been going slower.

    I do wish you all the best and hope you get suitable compensation, I'm just trying to lay some things out so you can consider how you portray the incident to maximise your chances.
    Currently riding a Whyte T130C, X0 drivetrain, Magura Trail brakes converted to mixed wheel size (homebuilt wheels) with 140mm Fox 34 Rhythm and RP23 suspension. 12.2Kg.
  • ryan_w-2
    ryan_w-2 Posts: 1,162
    Just a quick update...

    It's been 4 weeks since the accident and I've just been allowed to remove my leg brace. Only a minor MCL rupture after all. Quite bad de-gloving in my right knee and arm, but these will heal with time and lots of physio.

    After spending 4 weeks in a leg brace, walking correctly is all very new to me apparently. My leg has essentially switched off and having to learn it's basic functionality all over again.

    Leigh Day solicitors have been exceptional and I've just had news that the taxi drivers insurers have admitted full liability, which is fantastic news not having to go through the courts etc.

    It was such good news that I accidentally purchased a new commuter bike for when I'm ready to get back in the saddle! I now have a gleaming 2017 Cervelo R3D sitting in the spare room...

    To boot, Leigh Day are trying to get an interim payment for my bike, whilst the personal injury matter will take some time to compile I guess.

    Physio booked in for Monday, can't wait to get fit again!
    Specialized Allez Sprint Disc --- Specialized S-Works SL7

    IG: RhinosWorkshop
  • redvee
    redvee Posts: 11,922
    The PI part of the claim could take years to settle depending on the severity of your injuries and time it takes to get back to full health.
    I've added a signature to prove it is still possible.
  • The Rookie
    The Rookie Posts: 27,812
    Sounds like its working out as well as can be expected in both respects, that's good news.
    Currently riding a Whyte T130C, X0 drivetrain, Magura Trail brakes converted to mixed wheel size (homebuilt wheels) with 140mm Fox 34 Rhythm and RP23 suspension. 12.2Kg.
  • apreading
    apreading Posts: 4,535
    Its depressing when the first anniversary rolls around and the PI part isnt resolved - that point was two weeks ago for me. Got £2500 to cover the bike/helmet/clothes/Garmin etc that were written off a couple of months after the 'accident' but still waiting on Speed Medical collating my updated records after a shoulder operation in October, then have to go for a follow up with an independant shoulder consultant who will write a report but things are going well enough now that hopefully we can guauge any future treatment, pain and suffering and finally put in a claim for the PI stuff. It hangs over you and I just want it over now...

    So brace yourself for that - unless you get lucky and everything is healed and sorted quick!
  • meemik10
    meemik10 Posts: 10
    Hopefully not much longer now. Guess they are trying to p**s you off so you will take what they offer. If there's any justice then you will get weighed in for a fair amount that would cover the bike and suffering. Good luck.

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