Our expert cycling solicitor, Tom Howarth and Strava wins cycling claim. We recently won a cyclist client’s claim at trial by using the client’s Strava data as evidence. Many cyclists like to use Strava or a similar service to record their rides. However our cycling solicitor discovered an unintended benefit to recording rides. Read about a special Strava case below.
What were the accident circumstances?
Our client was riding to work in the morning rush hour along the A62 near Birstall. He was riding up hill towards a a traffic light controlled junction were he was intending to turn right. There was a right turning traffic lane and our client moved across the road and entered it and continued up the hill towards the traffic lights. A car in the left hand lane also wish to turn right but did not want to pull in behind our client. He undertook him in the left hand lane and then tried to pull into the right hand lane in front of the cyclist. Unfortunately the driver failed to account for an approaching traffic island separating the 2 lanes and tried to squeeze between the island and our client. He misjudged the manoeuvre and collided with the cyclist and knocked him off his bike.
What injuries did the cyclist suffer?
The cyclists sustained a heavy collision and subsequent fall to the floorl. He was clipped in and as such was unable to get a foot down to cushion himself. He suffered injuries to numerous parts of his body and on both sides due to the double impact of the car and then the floor. He had soft tissue injuries to his knee and thigh together with his elbow and shoulder. His predominant injury was a significant back injury.
How did the driver blame the cyclist?
The driver claimed that the accident happened much further back from the traffic lights well away from the traffic island. He alleged that he was stationary in queuing traffic. The cyclist who was overtaking the stationary traffic by riding though the middle of the 2 lanes simply wobbled and fell into his stationary vehicle.
How Strava wins cycling claim?
The driver’s insurance company continued to deny responsibility upon behalf of the driver and ran the matter all the way to trial. HW Solicitors acting upon a no win – no fee agreement stood by their client and supported his claim to trial. As our cycling expert solicitor is a keen cyclist he knew that many cyclists like to record their rides through the use of services such as Strava, Garmin or with mobile phones. After checking with the client he confirmed that the ride had been recorded with Strava and was able to supply a download of the ride data. After an examination of the data and in particular the map overlay together with moving speed it was possible to prove beyond doubt the exact location of the collision. This data confirmed that the accident occurred immediately before the traffic island as stated by the cyclist and not further down the road as claimed by the driver. The judge was clear that the Strava data confirmed that the cyclist was telling the truth and declared that he had won.
How much compensation did the cyclist receive?
Our client received £12,000 compensation for his injuries and financial losses. This enabled him to replace his damaged carbon road bike, cycling helmet, and cycling clothing. He has recovered from his injuries is now back on the road with a very nice Specialized Tarmac SL6 and a full Rapha wardrobe!
If it’s not on Strava, it didn’t happen
This phrase is used by cyclists amongst their clubmates to suggest that claims of greatness in relation to hill climbs, sprints, massive long rides etc must be supported by evidence on Strava. The same can be said for road traffic accidents. If you record your ride on Strava or a similar service it might provide very useful evidence in the event of an unfortunate incident. As shown in this case Strava wins cycling claim. At the very least you can use this post as a reason to buy the latest Garmin!
If you need the assistance of our specialist cycling solicitor please do not hesitate to get in touch. Tom Howarth is our Cycling Solicitor and you can read more about him here. If you have been injured in an accident whilst a cyclist you will benefit from instructing a solicitor who understands cycling. You can discuss your claim with him for free and without obligation. You can call him on 01484 518356, email or complete our contact form.
He is happy to discuss cycling with you via WhatsApp. Please message him here
If you are local to Huddersfield, you can call into our New Street office. There is plenty of secure bike parking available!