Cyclist recovers against speeding motorist
15/6/2010
On 14th June 2010, the Honourable Mrs Justice Swift endorsed an Agreement in which a motorist (Lee Toole) accepted he was mainly to blame for an accident which left cyclist, Thomas Mongan, with severe brain injuries.
On 29th September 2007, shortly after 10pm, Mr Toole drove his Citroen Saxo in excess of 50mph along Davyhulme Road, Stretford - a residential road subject to a speed limit of 30mph, and into the rear of the bicycle ridden by Mr. Mongan.
It was agreed that the collision took place towards the centre of Davyhulme Road, and at that point there was a shallow angle between the bicycle and the car, such that the bicycle was travelling further towards the centre. It was also accepted that Mr Mongan was not wearing a crash helmet, his clothes were generally dark and his bicycle did not have any lights.
The Honourable Mrs Justice Swift approved a settlement which reflected Mr Toole's greater share of the responsibility for the accident on the basis that he was driving too fast, too close to Mr Mongan's bicycle and kept a poor lookout. Accordingly, Mr Toole's insurance company will pay 75% of the ultimate award of compensation, which is likely to be very substantial.
There was no finding that Mr Mongan's failure to wear a helmet contributed to his injuries.
It is likely that Mr Mongan's compensation will be assessed in 18-24 months.
Hugh Potter of Potter Rees acts on behalf of the Claimant (Mr Mongan)
If you would like to speak to someone about a cycling or other serious accident, please call 0800 027 2557
