Pensioner wins right to compensation for life-changing injuries after bicycle accident
Posted: 10th July 2015
Posted in: Bicycle Accidents Head and Brain Injuries Road Traffic Accidents Spine & Back Injuries
A 62-year-old woman from Tunbridge Wells has been granted compensation after suffering life-changing injuries in a cycling accident. Fenella Sinclair had been cycling in her local area when a 4×4 passed her on a country lane, grazing the rear wheel of her bicycle. Mrs Sinclair was left with severe brain damage, several skull fractures and damage to her spine and ribs. Four years after the accident, she remains in a minimally conscious state.
After police refused to bring a criminal trail in 2011, Mrs Sinclair’s daughter decided to launch a personal injury claim. The only witnesses to the accident were the motorist, Rachel Joyner, and her husband, who was a passenger at the time of the accident.
Specialist brain injury team
Because Mrs Sinclair was unable to give any information about the accident, a specialist brain injury team managed to gather evidence from the Kent Police and an accident reconstruction expert. The firm was then able to make a claim of negligence against Mrs Joyner, who originally denied liability.
It was ruled by Mrs Justice Cox at the High Court in London that Mrs Joyner was to blame for the accident, following a three-day trial. Mrs Sinclair was promised a large compensation package for her suffering.
It was ruled that Mrs Joyner held 75% liability for the accident that happened in 2011.
The family’s lawyer stated: “Compensation will give Mrs Sinclair’s family peace of mind in knowing that she will recover damages to pay for the care and treatment she will need in the future.” The compensation figure has not yet been decided.
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