Scottish Cycling referral helps crash victim secure damages, therapies and a new bike

For Jane, a 60-mile cycle with a friend was nothing out of the ordinary.

As an experienced cyclist, the route she took in spring 2018 was one she knew well and had ridden often.

But in May that year, her afternoon spin took a turn for the worse when she was hit by a Ford Focus in Portobello, Edinburgh that pulled out in front of her at a junction.

Jane suffered terrible injuries – her head collided with the rear wheel leaving her unconscious at the road side.

Jane said: "I don’t remember being on the ground.

“I don’t remember being hit by a car.

"Apparently the police said that I didn’t even know I’d been cycling that day.

“You’re always doing the best you can to keep yourself safe but you’re at the mercy of other road users and the conditions.

"To this day it is still distressing to me that I don’t remember the accident."

Paramedics took Jane to the Royal Infirmary of Edinburgh where she was treated for multiple facial fractures, skull and spinal fractures, lacerations and broken teeth.

She also sustained a traumatic brain injury (TBI) and recalls that this took the biggest mental toll on her:

"The physical injuries are one thing but the brain injuries, if anything, were more of an issue.

“The change in how I saw myself physically was significant but adjusting to my brain being different was a big deal for me.”

How Jane came to Digby Brown

Jane was put in touch with the firm due to her membership with British Cycling.

The national cycling body – which operates as Scottish Cycling north of the border – provides members with access to free legal advice in the event of an accident.

Jane said: “Having a British Cycling membership is now something I recommend to all cyclists because of the way my membership helped me.

“Without British Cycling, without Digby Brown, I would never have got the level of support I needed in terms of investigating what happened or been able to pay for legal costs.”

The road to recovery

After the accident Jane was concerned she might not get back out on the bike but she was determined not to let the accident or her injuries rob her of her confidence, freedom and passion.

She said: “I had some really supportive friends in the club to get me back out cycling.

“The brain injury had quite significant effects but physically, from the lower back down, I wasn’t injured so I could use my legs.

“I returned to cycling after about three months, albeit I was, and still am, reminded daily of what happened.

“I wasn’t going to let anything or anyone stop me from doing something that I love.”

What we did for Jane

Mairi Day, Partner at Digby Brown's Edinburgh office, investigated the circumstances of Jane’s cycling accident.

She gathered police reports and witness statements to show the car pulled out in front of her at the junction of Abercorn Terrace and St Mary’s Place in Portobello.

Mairi was able to secure an early interim payment to cover immediate costs which included recovering the cost of Jane’s damaged bicycle.

Mairi also gathered medical evidence from a maxillo-facial surgeon, orthopaedic surgeon, a neurologist, psychiatrists and a neuropsychiatrist to really understand the extent – and future impact – of Jane’s injuries.

This is because at Digby Brown we know that to ensure you get full, fair damages you need to understand and calculate the full extent of your injuries.

Jane expressed this support was vital for her recovery.

She said: "The biggest thing for me was that the neuropsychologist that the insurer paid for helped me see that my brain is different.

“I used to be 24/7 hyperactive mentally and physically, and now I’ve learned that I have to get brain rest.

“I can’t multitask in the way I used to – I can only focus on one thing at once.

“I always hoped that my brain would recover fully and I’d be the same as I was before but the neuropsychologist helped me adjust to the changes in my brain.

“I’m still me I just have a different way of being, I’ve accepted that change, it’s just the new normal.”

Mairi raised a cycling accident claim against the insurance company of the driver who hit Jane and was able to secure rightful damages – without the need to go to court.

Jane said: “The best thing for me was that I had the support of Mairi through it, and it was reassuring that I had a good quality legal team and that it cost me nothing.

“At times the process felt like being on a rollercoaster but throughout it all Mairi was there to keep me sane.”

Mairi added: “All too often we have acted for cyclists who have been struck by drivers who weren’t paying attention – this is not acceptable.

“Cases like Jane’s highlight the value of having a Scottish Cycling membership and reinforce the idea that you’re not bargaining on your own abilities as a cyclist, but the competence of the thousands of other road users you can encounter on a ride.

“I’m delighted that we were able to help Jane but more importantly that she has not let the accident or injury dictate her future – it’s the kind of outcome all cycling injury solicitors hope for.”

Nick Rennie, CEO of Scottish Cycling, said: “Whilst we never like to hear stories of a cyclist being injured whilst out doing what they love, we are grateful that Jane received the support and care she needed via Digby Brown.

"I would strongly recommend that all cyclists in Scotland take out a British Cycling membership, as aside from an array of other benefits, the insurance offering is invaluable should you find yourself in the unfortunate situation of being involved in an accident.

"Whether your bike is a write off, or as in Jane’s case, you need physical and mental support to get back to full health and back on your bike, the insurance that comes with your membership ensures this is all taken care of, and means one less thing to worry about at a difficult time.”