13 May 2013
Cyclist sues driver who 'doored' him
A cyclist who was hit by a driver's door is launching legal action against both the driver and his passenger.
Kevin Fallon, a financial analyst, was on his way into work in 2010 when a driver 'doored' (accidentally opened a door in his path) him in Dalston, East London, causing him to crash, according to Road.cc.
Even though he was wearing a safety helmet, Mr Fallon suffered bleeding on the brain that left him in hospital. The man still complains of frequent mood changes, headaches and low energy and his injuries have also left him at a higher risk of developing an epileptic condition.
Mr Fallon is taking the driver to the high court in the hope he will be able to change the law to a policy of strict liability for drivers who 'door' cyclists.
Under the new plans, drivers would have presumed liability in any situation where a cyclist crashes into a door.
The cyclist is also launching a personal civil suit against the driver and his passenger for £200,000 in order to pay for lost wages, as well as the life-changing injuries he sustained.
Mr Fallon said: "There are only a handful of countries in Europe which do not have a policy of strict negligence and the UK is one of them."
A similar campaign to Mr Fallon's is taking place in Scotland, where another law firm has launched a campaign to have the country's laws changed to introduce a strict liability system in the nation.
If the changes are written into law, victims would be able to access compensation more quickly and with less stress and the amount of time wasted in court proceedings would be reduced.
It is also hoped changes would make drivers more aware of road cyclists who are increasingly using main A-roads to commute into cities.
Many cyclists are starting to use helmet-mounted cameras that make compensation claims against drivers much easier to prove.
Contact our accident and injury solicitors on 0800 916 9046 or email email@example.com if you would like advice on any personal injury matter
Posted by Francesca Witney
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