JS v BB (Fatal road traffic accident involving a cyclist)

The claim involved a fatal road traffic accident. The Deceased was cycling home from a work’s party along an unlit dual carriageway in hours of darkness with his rear light on. However, he had consumed excess quantities of alcohol and was positioned near the middle of the road, when he was struck from behind by the Defendant’s vehicle.

Although quantum was very much in dispute the main issue between the parties was contributory negligence. Both parties had expert accident reconstruction evidence and there was limited difference between them as to the mechanics of the accident.

Upon detail discussions with the parties as to the existence of primary liability and the contributing negligence of the Deceased, the Evaluator was able to test the arguments and give a detailed and reasoned assessment of his apportionment of liability. Although the assessment was very different to the Claimant’s expectations, their team readily accepted the Evaluator’s reasoning and their failure to give adequate weight to the enduring nature of the Deceased’s negligence in the build up to the accident by cycling under the influence of alcohol.

The assessment and quantification process provided a number that was very close to a previous offer made by the Defendant. The Evaluator was still able to facilitate a settlement sum that was satisfactory to both parties and enabled the Claimant to recover costs in full.

The evaluation again demonstrated the importance of an independent Evaluator providing an independent and expert view of the case and giving reasoned commentary upon the competing arguments. The parties stated that without the Evaluator and the explanations provided, settlement would not have been achieved in this case.