A determined artist has emerged victorious in the winding lanes of the British legal system. Followed by an out-of-the-court settlement, a South Korean national, LM has received over £6 million as remuneration as part of a life-altering cycling event.
The driver on the other hand receives a fine with a meagre amount of £146 with an added five points to his driving license. Let us delve into this article to find out the details involving the disparities in the motorist versus cyclist clash.
A legal battle results in a costly turn of events
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The incident occurred when LM was cycling through the streets at a green light when the driver came from the opposite direction and failed to put a halt colliding with the bike throwing LM from his two-wheeler. The cyclist survived facial injuries along with severe brain trauma.
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Initially, the insurance company of the driver pointed out the faults of the victim including not wearing a helmet, devoid of high-visibility clothing and not having a front light on his bike. A detailed investigation by David Hague, the accident reconstruction expert pointed out that the driver was not at fault since he was adhering to the 20mph speed limit. However, the events turned into the investigation process leading to the lump sum agreement.
The law firm specializing in litigation known as the Stewart, stated about the remuneration with Road.CC, “The settlement has provided LM and his family with the reassurance and comfort that his lifelong care and rehabilitation needs can be comfortably provided in South Korea.”
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A landmark compensation aids the cyclist
Chris Uff, the consultant neurosurgeon attested that even wearing a helmet, LM would not have been able to escape the injuries since the impact was on his face. While the trial dates approached, both parties agreed to engage in a meditation with Frank Burton KC leading to the payment of the enormous amount of approximately £6 million. While LM aspires to return to the UK, this remuneration acts as a significant move moving him a step closer to his goal.
Receiving this massive amount as compensation, LM places himself as one of the rare cyclists to receive such a huge remittance followed by life-changing injuries in the past 15 years surrounding England and Wales. In very rare cases the settlement values have surpassed £5 million. It was in 2013 that a cyclist who was partially liable for not wearing a helmet and riding a bike with inadequate lightning was awarded £5.3 million.
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Hence this incident serves as a reminder for the existing disparity in the liability assessment involving motorists and cyclists. Furthermore, it also highlights the difficult path that vulnerable road users have to go through while seeking justice or when they encounter challenges.
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