Injured rider wins £100k damages bid

Bridge crash caused by road hazard

A cYcList who was seriously injured after being thrown from his bike has been awarded £100,000 in damages because of the hazardous state of the road.

David Robinson suffered a fractured elbow and wrist when his front wheel lodged in the grooves of a metal strip on the roadway of a bridge, sending him over his handlebars.

the 52-year-old chartered surveyor is one of three cyclists who have taken scottish Borders council to the court of session in Edinburgh following accidents on the bridge crossing the Biggar Water in Broughton, Peeblesshire.

the two other cases are now likely to be settled following the judg ment by Lady Wolffe.

cycle Law scotland, which provides bike riders with specialist legal representation for accident claims, called it a ‘wake-up call’ for local authorities which neglect roads in their care.

Earlier this month, the mail revealed how, between 2010-14, three cyclists have been killed and 12 others seriously injured in accidents caused by scotland’s poorly maintained roads.

cycle Law scotland, which represented mr Robinson, argued the road surface presented a particular hazard to cyclists.

the council had argued that he should have paid more attention after swerving out to the middle of the road to avoid lying grit, causing his wheel to catch in the groove. it said the metal strip did not constitute a defect.

mr Robinson was among a group of a dozen of riders from the cycle club Edinburgh cc who were heading north to the capital on the A701 when the accident happened on December 1, 2013.

the court heard that the 13ft metal strip had been in place since 1990. in may 2015, 18 months after the accident, the council covered it with tarmac.

mr Robinson of craiglockhart, Edinburgh, described how he felt the ‘handlebars being ripped from his hands’ as he was catapulted over the bike.

During the court hearing, Lady Wolffe found his evidence to be ‘reliable and credible’. she awarded him the £100,000 in damages he had been seeking but deferred a ruling on expenses.

Brenda mitchell of cycle Law scotland said: ‘it is extremely disappointing that scottish Borders council never applied their minds to what constitutes a hazard for cyclists on its roads.

‘ the metal strips had been designed by an engineer in 1990 and no thought had been given to them since. the only inspection the roads authority conducted was by a four-wheeled vehicle travelling at 20-25mph.

‘that manner of inspection is not sufficient to enable a roads authority to identify hazards for two-wheeled road users who are so vulnerable to serious injury. scottish Borders council did nothing to remedy the hazardous road surface following mr Robinson’s report of his serious injury in December 2013.

‘it was only after two other cyclists suffered injuries after coming into contact with the same hazard that the council eventually cut the strips down and covered them in may 2015. it begs the question why action was not taken sooner.’

mrs mitchell added: ‘more and more people are being encouraged to cycle, and the Borders and the tweed Valley actively market the region as a cycling destination.

‘this particular hazard has been fixed and i hope that the case has highlighted how the local roads authority can play its part in making the area safer for everyone.’

A spokesman for scottish Borders council said: ‘the council is still taking advice on the judgment.’

the growing problem of potholestrewn roads has been highlighted in recent weeks by the scottish Daily mail.

more than a third of the country’s roads are in need of repair or resurfacing, according to an Audit scotland report.

Experts say the problem will get worse as local councils cut maintenance budgets.

our campaign found that 1,400 cars are damaged every day by potholes, which pose a particular danger to cyclists and the disabled.

Perth and Kinross council hit the headlines recently when it decided to redefine what constitutes a pothole, saying that it will repair holes only when they are 2.36in (60mm) deep – 50 per cent bigger than before.

‘Handlebars ripped from his hands’