Satinder Hunjan KC has been successful in establishing liability on behalf of a cyclist who suffered an accident using the cycle route in the centre of Milton Keynes. The accident occurred as a result of the narrow wheel of his bicycle passing into a gap between the paving slabs of a cycle route which caused a sudden dismount. The accident left the claimant with numerous injuries, most notably, a brain injury.
This was a challenging claim as there were no direct witnesses to the accident and the evidence of the Claimant was limited owing to a serious injury to the brain. However, after a thorough investigation, including the use of expert evidence and careful analysis of photographic evidence, including historic photographs and data available from the Claimant’s mobile phone, Satinder was able to present a strong case in respect of liability.
The Defendant maintained the usual defence of “system” supported by extensive documentation and witness evidence. However, the Claimant was sucessfully able to challenge the reliability of such evidence and particularly whether the Defendant had in fact implemented the system appropriately over a significant period of time.
Furthermore, the Defendant made additional allegations of contributory negligence against the Claimant on the basis that he failed to wear a bicycle helmet at the time of the accident. The Claimant was able to challenge this allegation by the use of evidence from a helmet expert and a medical expert; the latter dealing with the question of whether or not any brain injury would have been avoided even if a helmet had been worn.
The Defendant maintained a firm denial of liability and only relented shortly before the matter was to be heard at the High Court; liability was agreed in the Claimant’s favour to the extent of 85%.
Satinder Hunjan KC was instructed in RAX v. Milton Keynes Council by Navdip Gill, Partner at Geoffrey Leaver Solicitors.
