In a challenging case, a cyclist from Lancashire was awarded £2,000 in damages for personal injuries he received when he lost control of his bike on oil spilt by a farmer. Lawyers successfully appealed against an earlier decision not to award his compensation claim.
When he fell from his bike, near Garstang in Lancashire in June 2007, forty-two year old Antony Di Domenico suffered extensive injuries and stress. The injuries took some weeks to heal and he was left with persistent muscular pain.
A witness to the cycling accident reported that the oil on the road was due to the actions of a farmer, who was observed to then pour sand over the spillage to lessen the hazard. Antony Di Domenico made an unsuccessful personal injury compensation claim. His case seemed weak as the accident had not been reported to the police. Also, the farmer who had allegedly spilt the oil remained unidentified.
However, Mr. Di Domenico’s solicitor appealed citing the 2003 ‘Untraced Drivers Agreement’ whereby the MIB may compensate the victim of a road traffic accident where the negligent party cannot be traced.
Mr Domenico’s subsequently won his appeal and was awarded the personal injury compensation claim of £2,000. It was found that the mystery farmer had been negligent in spilling the oil on the highway and then applying sand to it instead of alerting the highways authority.
Related Personal Injury News
- Tragic road traffic accident takes life of father
- Mortality rates for motorcyclists improve
- Quick and easy ways to avoid a motorcycle accident
- The rich variety of compensation claims through the ages
- Young boy gets 3 million pounds plus compensation after 30 mph accident
[...] your bike. New Zealand authorities seek a teenage BMX riding groper. A cyclist wins in court after slipping in oil spilled by a [...]
Pingback by Friday’s Critical Mass — making a point through parody « BikingInLA — June 24, 2010 @ 6:20 am