A bike rider described by his lawyer as Scotland’s “unluckiest cyclist” has won compensation from a driver who pulled out on him at a junction in what was the third time he has been knocked off his bike.

As with the previous two occasions, the cyclist, named as Derek from Fraserburgh, was represented by Aberdeen-based solicitor Roz Boynton of Cycle Law Scotland, who said in a post on the firm’s website (link is external) that “It’s always sad for us to have repeat customers.”

Derek, who recorded all three incidents on the action camera mounted on his Giant TCR Advanced Pro bike, was the victim of hit-and-run crashes in both 2021 and in February this year, with Cycle Law Scotland successfully pursuing claims against the drivers responsible as a result of the footage he had captured.

The latest incident happened in June at the Cortes Junction in north-east Aberdeenshire, where the A90 meets the A952.

The cyclist, who had just ridden onto the main carriageway, was struck side-on by a driver who pulled out from a junction, ignoring the road markings, and was thrown onto the bonnet of the vehicle before landing on the ground.. The driver stopped at the scene to check on Derek’s condition.

“Similar to his previous incidents, this one happened in broad daylight with good sight lines,” Ms Boynton said.

“Derek had been wearing a yellow fluorescent yellow high viz vest and a high viz backpack. He had lights operating on his bicycle. He literally couldn’t have made himself any more visible if he tried.”

The solicitor said that her client “suffered soft tissue injuries to his right side but his trusty bike, which had survived the previous two incidents needing only some minor repairs, had a cracked frame and was written off.

“We were able to secure an early acceptance of liability for Derek and an interim payment for a replacement frame and all his damaged kit (including the action camera as the screen broke in the collision but still managed to record the incident).

“Shortly, thereafter, we received a full settlement in respect of his injuries. Derek is now shopping for a new bike.

“We very much hope that this is the last time that Derek needs our help and that his new bike brings many happy, safe and uneventful miles,” Ms Boynton added.

The first incident in which she represented Derek came after he was forced off the road by an oncoming driver overtaking another vehicle near Raytheon, Aberdeenshire, in July 2021.

Derek fell onto a grassy embankment and sustained chest, neck and leg injuries, and his bike and kit were also damaged.

The driver, who failed to stop, was subsequently convicted of careless driving due to the footage Derek captured, with insurers immediately admitting their policyholder’s liability when they were shown it.

The circumstances surrounding the second incident in which Derek needed to call upon the assistance of Cycle Law Scotland, in February this year, were almost identical, with the overtaking driver who forced him off the road claiming afterwards that the sun had been in his eyes.

“We would suggest that if you can’t see whilst driving, you certainly shouldn’t be overtaking,” the law firm said.

Again, Derek sustained soft tissue injuries, for which he needed to undergo hospital treatment and physiotherapy, and his bike was damaged, with insurers once again admitting liability after seeing the footage.

https://road.cc/content/news/scotlands-unluckiest-cyclist-knocked-bike-again-303317

swldx...@gmail.com <swldxer1958@gmail.com> wrote:

> A bike rider described by his lawyer as Scotland’s “unluckiest cyclist”
> has won compensation from a driver who pulled out on him at a junction in
> what was the third time he has been knocked off his bike.

Let’s hope he never gets to find himself in a peloton.

> https://road.cc/content/news/scotlands-unluckiest-cyclist-knocked-bike-again-303317

--
Spike

mctrials23 | 144 posts | 1 hour ago
7 likes

Anyone else feel like every time someone gives a bollocks excuse, the punishment should double.

There is almost never an excuse for dangerous driving and saying things like "I couldn't see because the sun was in my eyes" while overtaking should probably be an automatic ban as you clearly haven't got the base level of intelligence to realise that if you can't see whats ahead of you clearly you shouldn't be overtaking on the wrong side of the road.

I would wager that the sun was not in his eyes and it was just a weak attempt to get off without punishment but the sooner we crack down on this crap the better.

swldx...@gmail.com <swldxer1958@gmail.com> wrote:
> mctrials23 | 144 posts | 1 hour ago
> 7 likes
>
> Anyone else feel like every time someone gives a bollocks excuse, the
> punishment should double.
>
> There is almost never an excuse for dangerous driving and saying things
> like "I couldn't see because the sun was in my eyes" while overtaking
> should probably be an automatic ban as you clearly haven't got the base
> level of intelligence to realise that if you can't see whats ahead of you
> clearly you shouldn't be overtaking on the wrong side of the road.

Presumably, overtaking on the right side of the road is acceptable?

> I would wager that the sun was not in his eyes and it was just a weak
> attempt to get off without punishment but the sooner we crack down on
> this crap the better.

Start nearer home, like with cyclist RLJing.

--
Spike

QUOTE: The first incident in which she represented Derek came after he was forced off the road by an oncoming driver overtaking another vehicle near Raytheon, Aberdeenshire, in July 2021.

Derek fell onto a grassy embankment and sustained chest, neck and leg injuries, and his bike and kit were also damaged.

The driver, who failed to stop, was subsequently convicted of careless driving due to the footage Derek captured, with insurers immediately admitting their policyholder’s liability when they were shown it.

The circumstances surrounding the second incident in which Derek needed to call upon the assistance of Cycle Law Scotland, in February this year, were almost identical, with the overtaking driver who forced him off the road claiming afterwards that the sun had been in his eyes.

“We would suggest that if you can’t see whilst driving, you certainly shouldn’t be overtaking,” the law firm said.

Again, Derek sustained soft tissue injuries, for which he needed to undergo hospital treatment and physiotherapy, and his bike was damaged, with insurers once again admitting liability after seeing the footage.ENDS

THANK GOODNESS FOR VIDEO EVIDENCE AND EXCELLENT LAW FIRMS WHO KNOW WHAT THEY ARE DOING. :-)

swldx...@gmail.com <swldxer1958@gmail.com> wrote:
> QUOTE: The first incident in which she represented Derek came after he
> was forced off the road by an oncoming driver overtaking another vehicle
> near Raytheon, Aberdeenshire, in July 2021.
>
> Derek fell onto a grassy embankment and sustained chest, neck and leg
> injuries, and his bike and kit were also damaged.
>
> The driver, who failed to stop, was subsequently convicted of careless
> driving due to the footage Derek captured, with insurers immediately
> admitting their policyholder’s liability when they were shown it.
>
> The circumstances surrounding the second incident in which Derek needed
> to call upon the assistance of Cycle Law Scotland, in February this year,
> were almost identical, with the overtaking driver who forced him off the
> road claiming afterwards that the sun had been in his eyes.
>
> “We would suggest that if you can’t see whilst driving, you certainly
> shouldn’t be overtaking,” the law firm said.
>
> Again, Derek sustained soft tissue injuries, for which he needed to
> undergo hospital treatment and physiotherapy, and his bike was damaged,
> with insurers once again admitting liability after seeing the footage.ENDS
>
> THANK GOODNESS FOR VIDEO EVIDENCE AND EXCELLENT LAW FIRMS WHO KNOW WHAT THEY ARE DOING. :-)

LIKE MR ARSEHOLE’S?

--
Spike

jaymack | 468 posts | 6 hours ago
4 likes

Other than shooting an Albatross for good luck there doesn't seem to be much Derek could have done to avoid any of these incidents. Pillocks gotta pillock I suppose.

QUITE.

swldx...@gmail.com <swldxer1958@gmail.com> wrote:
> jaymack | 468 posts | 6 hours ago
> 4 likes
>
> Other than shooting an Albatross for good luck there doesn't seem to be
> much Derek could have done to avoid any of these incidents. Pillocks
> gotta pillock I suppose.
>
> QUITE.

One supposes that defensive cycling doesn’t get taught much…

--
Spike

QUOTE: Derek, who recorded all three incidents on the action camera mounted on his Giant TCR Advanced Pro bike, was the victim of hit-and-run crashes in both 2021 and in February this year, with Cycle Law Scotland successfully pursuing claims against the drivers responsible as a result of the footage he had captured. ENDS

No wonder car insurance is through the roof - too many idiot drivers injuring innocent people.

swldx...@gmail.com <swldxer1958@gmail.com> wrote:

> QUOTE: Derek, who recorded all three incidents on the action camera
> mounted on his Giant TCR Advanced Pro bike, was the victim of hit-and-run
> crashes in both 2021 and in February this year, with Cycle Law Scotland
> successfully pursuing claims against the drivers responsible as a result
> of the footage he had captured. ENDS

> No wonder car insurance is through the roof - too many idiot drivers
> injuring innocent people.

As always, never listen to psycholists blatherings, go to where the
evidence is…

QUOTE Higher premiums reflect continued rising costs for insurers.

In total, insurers paid out £2.4 billon in all motor insurance claims –
theft, vehicle repairs, and personal injury - in the first quarter of this
year. This was up 14% on Q1 2022.

The costs of vehicle repairs leapt by 33% over the year since Q1 2022 to
£1.5 billion, the highest figure since ABI started collecting this data
back in 2013.

This reflects rising costs, including energy inflation, and more expensive
repairs.

Increases in labour costs reported up to 40%.
The cost of replacement parts for many popular cars have increased between
12 -21% over the past year.

ENDQUOTE

<https://www.abi.org.uk/news/news-articles/2023/8/sustained-cost-pressures-on-insurers-push-the-average-price-of-motor-insurance-to-a-record-high/>

--
Spike

On Friday, August 18, 2023 at 7:43:23 AM UTC+1, swldx...@gmail.com wrote:
> QUOTE: Derek, who recorded all three incidents on the action camera mounted on his Giant TCR Advanced Pro bike, was the victim of hit-and-run crashes in both 2021 and in February this year, with Cycle Law Scotland successfully pursuing claims against the drivers responsible as a result of the footage he had captured. ENDS
>
> No wonder car insurance is through the roof - too many idiot drivers injuring innocent people.

Plus Brexit buggering up JIT car parts deliveries, of course.

QUOTE: The post-Brexit landscape has brought about new regulations and processes for importing car parts into the UK, impacting both businesses and consumers. Trade relationships with EU countries have also changed, leading to potential delays and increased costs. ENDS

On 18/08/2023 07:43 am, swldx...@gmail.com wrote:

> QUOTE: Derek, who recorded all three incidents on the action camera mounted on his Giant TCR Advanced Pro bike, was the victim of hit-and-run crashes in both 2021 and in February this year, with Cycle Law Scotland successfully pursuing claims against the drivers responsible as a result of the footage he had captured. ENDS
>
> No wonder car insurance is through the roof - too many idiot drivers injuring innocent people.

Ever heard of the Cash for Crash fraud?

There are various versions, including car on car, pedestrian on car and
chav-on-bike on car.

On 18/08/2023 09:26 am, Spike wrote:
> swldx...@gmail.com <swldxer1958@gmail.com> wrote:
>
>> QUOTE: Derek, who recorded all three incidents on the action camera
>> mounted on his Giant TCR Advanced Pro bike, was the victim of hit-and-run
>> crashes in both 2021 and in February this year, with Cycle Law Scotland
>> successfully pursuing claims against the drivers responsible as a result
>> of the footage he had captured. ENDS
>
>> No wonder car insurance is through the roof - too many idiot drivers
>> injuring innocent people.
>
> As always, never listen to psycholists blatherings, go to where the
> evidence is…
>
> QUOTE Higher premiums reflect continued rising costs for insurers.
>
> In total, insurers paid out £2.4 billon in all motor insurance claims –
> theft, vehicle repairs, and personal injury - in the first quarter of this
> year. This was up 14% on Q1 2022.
>
> The costs of vehicle repairs leapt by 33% over the year since Q1 2022 to
> £1.5 billion, the highest figure since ABI started collecting this data
> back in 2013.
>
> This reflects rising costs, including energy inflation, and more expensive
> repairs.
>
> Increases in labour costs reported up to 40%.
> The cost of replacement parts for many popular cars have increased between
> 12 -21% over the past year.
>
> ENDQUOTE
>
> <https://www.abi.org.uk/news/news-articles/2023/8/sustained-cost-pressures-on-insurers-push-the-average-price-of-motor-insurance-to-a-record-high/>

There's always the old cash for crash frauds. Perpetrators WISH to be
thought "unlucky".

swldx...@gmail.com <swldxer1958@gmail.com> wrote:
> On Friday, August 18, 2023 at 7:43:23 AM UTC+1, swldx...@gmail.com wrote:
>> QUOTE: Derek, who recorded all three incidents on the action camera
>> mounted on his Giant TCR Advanced Pro bike, was the victim of
>> hit-and-run crashes in both 2021 and in February this year, with Cycle
>> Law Scotland successfully pursuing claims against the drivers
>> responsible as a result of the footage he had captured. ENDS
>>
>> No wonder car insurance is through the roof - too many idiot drivers
>> injuring innocent people.
>
> Plus Brexit buggering up JIT car parts deliveries, of course.
>
> QUOTE: The post-Brexit landscape has brought about new regulations and
> processes for importing car parts into the UK, impacting both businesses
> and consumers. Trade relationships with EU countries have also changed,
> leading to potential delays and increased costs. ENDS

As a technique to deflect attention away from your topic of
ambulance-chasing law firms and compo cyclists, reaching out for stale
references to Brexit is pretty weak.

Do try harder.

--
Spike

On Friday, August 18, 2023 at 10:13:23 AM UTC+1, swldx...@gmail.com wrote:
> On Friday, August 18, 2023 at 7:43:23 AM UTC+1, swldx...@gmail.com wrote:
> > QUOTE: Derek, who recorded all three incidents on the action camera mounted on his Giant TCR Advanced Pro bike, was the victim of hit-and-run crashes in both 2021 and in February this year, with Cycle Law Scotland successfully pursuing claims against the drivers responsible as a result of the footage he had captured. ENDS
> >
> > No wonder car insurance is through the roof - too many idiot drivers injuring innocent people.
> Plus Brexit buggering up JIT car parts deliveries, of course.
>
> QUOTE: The post-Brexit landscape has brought about new regulations and processes for importing car parts into the UK, impacting both businesses and consumers. Trade relationships with EU countries have also changed, leading to potential delays and increased costs. ENDS

Hastings Insurance just jacked up my insurance up from an already too expensive £400 to £740, so I told them to shove it and I went with Sainsbury's £288 instead.

Why should I pay the Brextard's mistake price?

On 18/08/2023 01:56 pm, swldx...@gmail.com wrote:
> On Friday, August 18, 2023 at 10:13:23 AM UTC+1, swldx...@gmail.com wrote:
>> On Friday, August 18, 2023 at 7:43:23 AM UTC+1, swldx...@gmail.com wrote:
>>> QUOTE: Derek, who recorded all three incidents on the action camera mounted on his Giant TCR Advanced Pro bike, was the victim of hit-and-run crashes in both 2021 and in February this year, with Cycle Law Scotland successfully pursuing claims against the drivers responsible as a result of the footage he had captured. ENDS
>>>
>>> No wonder car insurance is through the roof - too many idiot drivers injuring innocent people.
>> Plus Brexit buggering up JIT car parts deliveries, of course.
>>
>> QUOTE: The post-Brexit landscape has brought about new regulations and processes for importing car parts into the UK, impacting both businesses and consumers. Trade relationships with EU countries have also changed, leading to potential delays and increased costs. ENDS
>
> Hastings Insurance just jacked up my insurance up from an already too expensive £400 to £740, so I told them to shove it and I went with Sainsbury's £288 instead.

I don't pay £740 for fully comprehensive insurance for three cars put
together.

You must be a terrible driver and a very poor risk.

Mind you, you have form for not maintaining vehicles in a safe
condition, don't you?

Shame you can't drive it into the kitchen and clean the dig-crap out of
the tyres in there.

cyclisto | 692 posts | 7 hours ago
2 likes

This bike frame deserves a Victoria Cross. Rest in pieces buddy.

:-)

swldx...@gmail.com <swldxer1958@gmail.com> wrote:

> Hastings Insurance just jacked up my insurance up from an already too
> expensive £400 to £740, so I told them to shove it and I went with
> Sainsbury's £288 instead.

It’s what an insurance company does when they don’t want your custom but
want to be kind by not actually declining your renewal and making things
difficult for you.

What did you do to upset them?

> Why should I pay the Brextard's mistake price?

You seem to be paying for your own mistakes, which is at it should be.

--
Spike

Those second two videos: TBH if I'd been shown them out of context I would have thought that they were some sort of internet prankster type thing... I don't understand why the rider was so far out into the lane...

Actually, I do - I'd wager that they had thought to take primary to discourage exactly the manoeuvres which then took place, but I would have admitted defeat and moved over left when it was clear that nothing was going to stop them.

That first video was some seriously rotten driving, though. Clearly looking for motor vehicles and nothing smaller.