A cyclist has received £100,000 from the Court of Session in Edinburgh due to a road defect which caused him to have an accident.
In December 2013, David Robinson-now fifty-two years of age-was cycling with eleven other members of the Edinburgh Cycling Club along the A701 near Broughton when he led the group of riders towards the bridge crossing the Biggar Water.
As David approached the bridge, the front wheel of his bicycle stuck in a metal groove on the road. David was thrown from his bike and landed on hard on the ground. He sustained multiple cuts and bruises, soft tissue injuries and fractures to his wrist and elbow of his right arm.
An investigation was launched into the circumstances surrounding the accident, and it was discovered the groove in the road surface was caused by a joint between an old masonry arch and a newer concrete construction and it was one of several that sat proud of the road surface. It was hazardous to all cyclists who used the road.
After seeking legal aid, David claimed compensation for injuries in a cycling accident against Scottish Borders Council. The defendants contested the claim for compensation on the basis that the metal groove did not constitute a defect, and that David´s accident was more likely due to his own negligence and lack of care.
Despite the dispute over liability, an assessment of David´s injuries was conducted. It was agreed that if Scottish Borders Council was found negligent, David´s settlement of compensation for injuries in a cycling accident would amount to £100,000.
The case was brought to the Court of Session, where Lady Wolffe was told that the metal groove would not have been present at all if roadworks conducted by the council in May 2015 had been completed to a satisfactory level. The roadworks, it was claimed, should have brought the level of the tarmac on the road up to or above the level of the exposed joint, thus preventing it from causing damage to cyclists.
The judge found in David´s favour-dismissing the council´s argument that David should have taken more care to prevent his accident. Lady Wolffe said there was no evidence to support allegations that David was riding inappropriately "in either speed or manner, having regard to the weather and road conditions". The judge then confirmed the settlement of compensation for injuries in a cycling accident at £100,000.