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£2,000 has been awarded to CTC member Antony Di Domenico following an accident that took place two years ago.
Di Domenico suffered shoulder, arm, knee and hip injuries after slipping on an oil spillage near the junction on Delph Lane near Garstang, Lancashire in June 2007. The CTC member’s initial claim – made to the Highway Authority and Motor Insurance Bureau (MIB) – was rejected as the incident had not been reported to the police and liability for the accident had yet to be proven. Di Domenico’s solicitor appealed and the claim was won.
Di Domenico said: “It took weeks for the grazing to heal and several months for the bruising on my shoulder and hip to recover, but I continued to feel a muscular ache on my right hip for sometime after the accident.”
A witness to the incident informed Di Dominico that the oil spillage had been caused by a farmer who had attempted to cover the spill with sand.
The CTC urged cyclists to take action to help reduce the chance of further similar accidents by reporting poor road conditions. Campaigns coordinator Debra Rolfe said: “It is really important for the safety of cyclists and other road users that the condition of the road is safe. That is why we urge all cyclists and motorists to report road defects like oil spillages and potholes on our website www.fillthathole.org.uk. The site automatically notifies the council or the Highways Agency so that they can fix the problem before someone gets hurt.”
Di Domenico’s solicitor, Paul MacBeth of Russell Jones & Walker added: “Mr Di Dominico’s case was brought forward under the 2003 Untraced Drivers Agreement and his application was initially refused. He successfully appealed as, upon closer inspection of the evidence, the untraced driver was found to be negligent. The payout in the case accounts not only for the injury caused by the accident itself but also the stress and problems that arose subsequently.”
