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Crash cyclist seeks compensation



 
 
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  #1  
Old March 11th 08, 04:47 AM posted to aus.bicycle
OzCableguy
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Posts: 233
Default Crash cyclist seeks compensation

Taken from roadgrime.com.au. Originally posted 30/1/08

************************************************** *******************************

Crash cyclist seeks compensation

John Telfer claimed Mr Macpherson had responsibility for the group

A cyclist is seeking damages from a fellow bike rider after claiming he
failed to keep a proper hold on his handlebars before a crash.

Lecturer John Telfer, from West Lothian, and teacher Gordon Macpherson were
part of a group of enthusiasts who regularly met for road cycling outings.

Edinburgh Court of Session heard that Mr Telfer, 49, was seriously injured
during a group run on 15 June in 2003.

He is now claiming £370,000 compensation from Mr Macpherson.

The jury will have to decide whether the accident on the B8020 road near
Winchburgh, in West Lothian, was caused by Mr Macpherson, who is from
Livingston.

They were told that damages have been agreed at £370,000 but that liability
is disputed.

I just remember an almighty crunch at the back of my neck and I lost
consciousness for a period of time


John Telfer

Mr Telfer, from East Calder, said nine cyclists were taking part in the
group outing which had seen them cross the Kincardine and Forth Road bridges
before returning towards Livingston.

He estimated he was travelling at about 25mph as the road levelled out and
they approached the accident scene.

He said Mr Macpherson and his son, Colin, were at the front of the pack of
riders.

His counsel James Campbell QC asked what he remembered next and he said: "It
still goes through my mind pretty much every day. It is quite correct when
people say that things slow down.

"I saw Gordon Macpherson do this movement from left to right across the
road. I remember seeing his hands go down to the side of the handlebars.

"I got a clear view of when his hands came down and effectively lost control
of the bike," he said.

He recollected that Mr Macpherson lost control and came off his bike and
other riders, who were ahead of him, also fell off.

Lost control

Mr Telfer said he had time to react and changed direction to try to avoid
those who had fallen, but that took him onto a verge.

"The verge was quite rough and although I was breaking, the bike reacted in
a fashion that it pitched me over the handlebars," he said.

"I just remember an almighty crunch at the back of my neck and I lost
consciousness for a period of time. I regained consciousness and was unable
to move," he told the court.

Mr Telfer added that he had been introduced to the cycling group through Mr
Macpherson, who lived close to him at the time.

Lisa Henderson, junior counsel for Mr Telfer, told the jury it was agreed in
the case that Mr Macpherson had cycled over a manhole cover, lost control
and fell off his bike.

But she said it was claimed on Mr Telfer's behalf that Mr Macpherson was
holding his hands in such a way that he did not have proper control of his
bike at the time. As a result his hands slipped off the handlebars and he
lost control.

She said it was also maintained that as he was at the front of the group he
had a responsibility for the safety of it.

The trial continues.

************************************************** *******************************

The outcome

A CYCLIST who sued a fellow bike rider after a debilitating crash told today
how he had been left "shattered" after losing a £370,000 damages claim. John
Telfer suffered head and spine injuries and said he was forced to retire
from full-time work after he fell
from his bike in a pile-up involving a group of cyclists.
The 47-year-old former prison officer raised an action at the Court of
Session against PE teacher Gordon Macpherson, who had been cycling in front
of him.
But a civil jury refused a claim that the accident on the B8020 near
Winchburgh, in West Lothian, on June 15 2003, was caused by the other
cyclist.
Mr Telfer, who now works part-time as a lecturer at Jewel and Esk Valley
College, said the jury's verdict had left him feeling "hollow" and said the
case had left him with a legal bill of around £40,000.
"I had a head injury and a spinal cord injury - the effects are going to be
with me for the rest of my life. It's been my good fortune that the initial
paralysis has subsided. This has gone a long way towards ruining my life."
Mr Telfer, of East Calder, spent seven weeks in hospital following the
accident and was forced to give up his job.
"I can't quite believe that, given all the evidence that was presented, they
(the jury] came to a majority verdict," he said.
"That Mr Macpherson wasn't at fault for the accident is the hardest part to
take really."
Mr Telfer said he was now considering appealing the verdict.
Damages had been agreed at £370,000 with the jurors left to decide on the
issue of liability. But after 90 minutes they returned to deliver a verdict,
rejecting the claim by eight to four.
Mr Telfer and Mr Macpherson, 50, of Livingston, were part of a group of
enthusiasts who met up regularly for weekend bike rides.
On the day of the accident they were returning towards Livingston after a
run over the Kincardine and Forth Road bridges.
Mr Telfer said the other cyclist was riding in front of him when he lost
control after hitting a manhole cover and came off his bike. He said he had
time to react and changed direction to avoid the fall but went on to the
verge.
"Although I was braking, the bike reacted in a fashion that pitched me over
the handlebars. I lost consciousness for a period. I regained consciousness
and was unable to move," he said.
He claimed that the incident was caused by the negligence of Mr Macpherson
and alleged he was not holding the handlebars in a way that allowed him to
maintain proper control of the bike.
Mr Macpherson disputed this and said he was holding his handlebars correctly
and that he could not have avoided the accident.
His counsel, Andrew Hajducki QC, said cyclists voluntarily took on the risk
of accidents and injuries by cycling in such groups without sufficient
stopping distance between them.

************************************************** *******************************

And
http://www.bikeradar.com/news/articl...-cyclist-14473
The Scottish Court of Session has ruled against a cyclist who was suing
another cyclist after a crash on a group ride.

The plaintiff in the case was John Telfer, who was asking £370,000 in
damages from Gordon MacPherson. He claimed that MacPherson was responsible
for a crash in a group of nine riders that occurred on June 15th, 2003.

MacPherson and his son Colin were leading the bunch and had an impromptu
sprint. MacPherson hit a manhole cover and crashed, bringing down most of
the riders behind. Telfer was at the back, but couldn't avoid the downed
riders and went over the handlebars. He injured his spine and suffered
temporary paralysis as a result, and had to be retired from his job on
medical grounds.

Telfer claimed that MacPherson was not in full control of his bicycle and
therefore at fault in the accident. But the jury in the case did not agree,
and ruled against Telfer.


--
www.ozcableguy.com
www.oztechnologies.com


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  #2  
Old March 11th 08, 06:05 AM posted to aus.bicycle
TimC
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Posts: 1,361
Default Crash cyclist seeks compensation

On 2008-03-11, OzCableguy (aka Bruce)
was almost, but not quite, entirely unlike tea:
He estimated he was travelling at about 25mph as the road levelled out and
they approached the accident scene.

He said Mr Macpherson and his son, Colin, were at the front of the pack of
riders.


Aha.

His counsel James Campbell QC asked what he remembered next and he said: "It
still goes through my mind pretty much every day. It is quite correct when
people say that things slow down.

"I saw Gordon Macpherson do this movement from left to right across the
road. I remember seeing his hands go down to the side of the handlebars.

"I got a clear view of when his hands came down and effectively lost control
of the bike," he said.

He recollected that Mr Macpherson lost control and came off his bike and
other riders, who were ahead of him, also fell off.


Sounds like they were all riding too close together.

Lost control

Mr Telfer said he had time to react and changed direction to try to avoid
those who had fallen, but that took him onto a verge.

"The verge was quite rough and although I was breaking, the bike reacted in
a fashion that it pitched me over the handlebars," he said.


That's what they tend to do.

I would suggest that any liability remains solely with the prosecution
for riding too close. That's what we all do in a bunch, and it is
excepted practice amongst consensual folk, and thus everyone takes
responsibility for their own wellbeing.

Mr Telfer added that he had been introduced to the cycling group through Mr
Macpherson, who lived close to him at the time.


Aha! Obvious his fault then! My mistake!

Are we sure Mr Telfer isn't a landshark himself?

A CYCLIST who sued a fellow bike rider after a debilitating crash told today
how he had been left "shattered" after losing a £370,000 damages claim.


Good legal outcome then.

John Telfer suffered head and spine injuries and said he was forced
to retire from full-time work after he fell from his bike in a
pile-up involving a group of cyclists. The 47-year-old former
prison officer raised an action at the Court of Session against PE
teacher Gordon Macpherson, who had been cycling in front of him.
But a civil jury refused a claim that the accident on the B8020 near
Winchburgh, in West Lothian, on June 15 2003, was caused by the
other cyclist. Mr Telfer, who now works part-time as a lecturer at
Jewel and Esk Valley College, said the jury's verdict had left him
feeling "hollow" and said the case had left him with a legal bill of
around £40,000.


Don't take frivolous action against people when you are mostly
responsible then. Furrfu.

Personally, I also partly blame his lawyer for not saying "you don't
have a hope in heck". I'd love for the legal system not to reward
predatory lawyers.

"I had a head injury and a spinal cord injury - the effects are going to be
with me for the rest of my life.


That is quite unfortunate.

It's been my good fortune that the initial
paralysis has subsided. This has gone a long way towards ruining my life."
Mr Telfer, of East Calder, spent seven weeks in hospital following the
accident and was forced to give up his job.
"I can't quite believe that, given all the evidence that was presented, they
(the jury] came to a majority verdict," he said.
"That Mr Macpherson wasn't at fault for the accident is the hardest part to
take really."


Probably a Tory voter (explains why he was formerly a prison warden -
working for Laura Norder). And why he doesn't understand self
determination.

MacPherson and his son Colin were leading the bunch and had an impromptu
sprint. MacPherson hit a manhole cover and crashed, bringing down most of
the riders behind. Telfer was at the back, but couldn't avoid the downed
riders and went over the handlebars. He injured his spine and suffered
temporary paralysis as a result, and had to be retired from his job on
medical grounds.


Next we'll see TdF riders suing the yellow jersey when his feet clip
out up a mountain?

--
TimC
"`Ford, you're turning into a penguin. Stop it.'" -THHGTTG
  #3  
Old March 11th 08, 09:22 AM posted to aus.bicycle
PeteSig[_2_]
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Posts: 193
Default Crash cyclist seeks compensation


"TimC" wrote:

I would suggest that any liability remains solely with the prosecution
for riding too close. That's what we all do in a bunch, and it is
excepted practice amongst consensual folk, and thus everyone takes
responsibility for their own wellbeing.

Mr Telfer added that he had been introduced to the cycling group through
Mr
Macpherson, who lived close to him at the time.


Aha! Obvious his fault then! My mistake!

Are we sure Mr Telfer isn't a landshark himself?


Not only cycling too close, but he also lived too close to the defendant!!
No case to argue at all.



--
Cheers
Peter

~~~ ~ _@
~~ ~ _- \,
~~ (*)/ (*)



  #4  
Old March 11th 08, 01:34 PM posted to aus.bicycle
Graeme Dods
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Posts: 244
Default Crash cyclist seeks compensation

On Mar 11, 5:22 pm, "PeteSig" wrote:
"TimC" wrote:
Mr Telfer added that he had been introduced to the cycling group through
Mr
Macpherson, who lived close to him at the time.


Aha! Obvious his fault then! My mistake!


Are we sure Mr Telfer isn't a landshark himself?


Not only cycling too close, but he also lived too close to the defendant!!
No case to argue at all.


If they lived near Winchburgh (where the accident happened) then they
were probably also a bit too closely related. Surprising that the
litigant couldn't stop in time though, those extra couple of fingers
on each hand should give him a much better grasp on the brakes.

Graeme (who used to work not far from there)
  #5  
Old March 11th 08, 01:56 PM posted to aus.bicycle
PeteSig[_2_]
external usenet poster
 
Posts: 193
Default Crash cyclist seeks compensation


"Graeme Dods" wrote:

If they lived near Winchburgh (where the accident happened) then they
were probably also a bit too closely related. Surprising that the
litigant couldn't stop in time though, those extra couple of fingers
on each hand should give him a much better grasp on the brakes.


Pointer...? Ringman...? Pinky...? Extra...?

*confused*............. CRASH!!


  #6  
Old March 12th 08, 06:13 AM posted to aus.bicycle
SteveA[_72_]
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Posts: 1
Default Crash cyclist seeks compensation


Factually responsible for the accident. But not legally responsible.

Might sound a bit strange to some people. Particularly those who
always need to blame someone.

Sounds like a legally sound decision by the court.

And I agree at least partly with Tim about the lawyer. Except that we
don't necessarily know whether the lawyer encouraged the client or the
client insisted on proceeding.

On the facts that we know (there might be others), if a client came to
me and wanted to institute proceedings in these circumstances, I would
tell them that they would have bugger all chance of winning and that the
cost could be significant (ie if you like the house you are living in,
don't count on having it after the trial). If they insisted, I would
have their instructions in writing on their file along with an
acknowledgement that I had told them that this was not an automatic
guaranteed money-spinner.

Still, you can't tell some clients.....


Steve


--
SteveA

  #7  
Old March 17th 08, 04:18 AM posted to aus.bicycle
Evan
external usenet poster
 
Posts: 10
Default Crash cyclist seeks compensation

SteveA wrote:
Factually responsible for the accident. But not legally responsible.


On the facts that we know (there might be others), if a client came to
me and wanted to institute proceedings in these circumstances, I would
tell them that they would have bugger all chance of winning


although

Damages had been agreed at £370,000 with the jurors left to decide on the
issue of liability. But after 90 minutes they returned to deliver a verdict,
rejecting the claim by eight to four.


he managed to convince 4. Maybe he should have sued whoever installed
the manhole.
  #8  
Old March 18th 08, 07:18 AM posted to aus.bicycle
suzyj[_23_]
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Posts: 1
Default Crash cyclist seeks compensation


OzCableguy Wrote:
"The verge was quite rough and although I was breaking, the bike reacted
in
a fashion that it pitched me over the handlebars," he said.


I think he should sue whoever put a front brake on his bike. Imagine,
putting a front brake on a bike for someone who clearly isn't able to
use one.


--
suzyj

  #9  
Old March 18th 08, 11:44 PM posted to aus.bicycle
ritcho[_28_]
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Posts: 1
Default Crash cyclist seeks compensation


suzyj Wrote:
I think he should sue whoever put a front brake on his bike. Imagine,
putting a front brake on a bike for someone who clearly isn't able to
use one.


I think his biggest problem was that he was breaking instead of
braking. Then he wouldn't have broken and wouldn't now be broke.

Ritch


--
ritcho

  #10  
Old March 19th 08, 01:20 AM posted to aus.bicycle
TimC
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Posts: 1,361
Default Crash cyclist seeks compensation

On 2008-03-18, ritcho (aka Bruce)
was almost, but not quite, entirely unlike tea:

suzyj Wrote:
I think he should sue whoever put a front brake on his bike. Imagine,
putting a front brake on a bike for someone who clearly isn't able to
use one.


I think his biggest problem was that he was breaking instead of
braking. Then he wouldn't have broken and wouldn't now be broke.


But would he still then be able to hope for his lucky break?

--
TimC
Just keep in mind that when you are using TRANSFER, you are not
programming, but hacking. All else follows logically from this
premise, Grasshopper. -- James Van Buskirk in comp.lang.fortran
 




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