Taken from roadgrime.com.au. Originally posted 30/1/08
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Crash cyclist seeks compensation
John Telfer claimed Mr Macpherson had responsibility for the group
A cyclist is seeking damages from a fellow bike rider after claiming he
failed to keep a proper hold on his handlebars before a crash.
Lecturer John Telfer, from West Lothian, and teacher Gordon Macpherson were
part of a group of enthusiasts who regularly met for road cycling outings.
Edinburgh Court of Session heard that Mr Telfer, 49, was seriously injured
during a group run on 15 June in 2003.
He is now claiming £370,000 compensation from Mr Macpherson.
The jury will have to decide whether the accident on the B8020 road near
Winchburgh, in West Lothian, was caused by Mr Macpherson, who is from
Livingston.
They were told that damages have been agreed at £370,000 but that liability
is disputed.
I just remember an almighty crunch at the back of my neck and I lost
consciousness for a period of time
John Telfer
Mr Telfer, from East Calder, said nine cyclists were taking part in the
group outing which had seen them cross the Kincardine and Forth Road bridges
before returning towards Livingston.
He estimated he was travelling at about 25mph as the road levelled out and
they approached the accident scene.
He said Mr Macpherson and his son, Colin, were at the front of the pack of
riders.
His counsel James Campbell QC asked what he remembered next and he said: "It
still goes through my mind pretty much every day. It is quite correct when
people say that things slow down.
"I saw Gordon Macpherson do this movement from left to right across the
road. I remember seeing his hands go down to the side of the handlebars.
"I got a clear view of when his hands came down and effectively lost control
of the bike," he said.
He recollected that Mr Macpherson lost control and came off his bike and
other riders, who were ahead of him, also fell off.
Lost control
Mr Telfer said he had time to react and changed direction to try to avoid
those who had fallen, but that took him onto a verge.
"The verge was quite rough and although I was breaking, the bike reacted in
a fashion that it pitched me over the handlebars," he said.
"I just remember an almighty crunch at the back of my neck and I lost
consciousness for a period of time. I regained consciousness and was unable
to move," he told the court.
Mr Telfer added that he had been introduced to the cycling group through Mr
Macpherson, who lived close to him at the time.
Lisa Henderson, junior counsel for Mr Telfer, told the jury it was agreed in
the case that Mr Macpherson had cycled over a manhole cover, lost control
and fell off his bike.
But she said it was claimed on Mr Telfer's behalf that Mr Macpherson was
holding his hands in such a way that he did not have proper control of his
bike at the time. As a result his hands slipped off the handlebars and he
lost control.
She said it was also maintained that as he was at the front of the group he
had a responsibility for the safety of it.
The trial continues.
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The outcome
A CYCLIST who sued a fellow bike rider after a debilitating crash told today
how he had been left "shattered" after losing a £370,000 damages claim. John
Telfer suffered head and spine injuries and said he was forced to retire
from full-time work after he fell
from his bike in a pile-up involving a group of cyclists.
The 47-year-old former prison officer raised an action at the Court of
Session against PE teacher Gordon Macpherson, who had been cycling in front
of him.
But a civil jury refused a claim that the accident on the B8020 near
Winchburgh, in West Lothian, on June 15 2003, was caused by the other
cyclist.
Mr Telfer, who now works part-time as a lecturer at Jewel and Esk Valley
College, said the jury's verdict had left him feeling "hollow" and said the
case had left him with a legal bill of around £40,000.
"I had a head injury and a spinal cord injury - the effects are going to be
with me for the rest of my life. It's been my good fortune that the initial
paralysis has subsided. This has gone a long way towards ruining my life."
Mr Telfer, of East Calder, spent seven weeks in hospital following the
accident and was forced to give up his job.
"I can't quite believe that, given all the evidence that was presented, they
(the jury] came to a majority verdict," he said.
"That Mr Macpherson wasn't at fault for the accident is the hardest part to
take really."
Mr Telfer said he was now considering appealing the verdict.
Damages had been agreed at £370,000 with the jurors left to decide on the
issue of liability. But after 90 minutes they returned to deliver a verdict,
rejecting the claim by eight to four.
Mr Telfer and Mr Macpherson, 50, of Livingston, were part of a group of
enthusiasts who met up regularly for weekend bike rides.
On the day of the accident they were returning towards Livingston after a
run over the Kincardine and Forth Road bridges.
Mr Telfer said the other cyclist was riding in front of him when he lost
control after hitting a manhole cover and came off his bike. He said he had
time to react and changed direction to avoid the fall but went on to the
verge.
"Although I was braking, the bike reacted in a fashion that pitched me over
the handlebars. I lost consciousness for a period. I regained consciousness
and was unable to move," he said.
He claimed that the incident was caused by the negligence of Mr Macpherson
and alleged he was not holding the handlebars in a way that allowed him to
maintain proper control of the bike.
Mr Macpherson disputed this and said he was holding his handlebars correctly
and that he could not have avoided the accident.
His counsel, Andrew Hajducki QC, said cyclists voluntarily took on the risk
of accidents and injuries by cycling in such groups without sufficient
stopping distance between them.
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And
http://www.bikeradar.com/news/article/cyclist-loses-damages-case-against-fellow-cyclist-14473
The Scottish Court of Session has ruled against a cyclist who was suing
another cyclist after a crash on a group ride.
The plaintiff in the case was John Telfer, who was asking £370,000 in
damages from Gordon MacPherson. He claimed that MacPherson was responsible
for a crash in a group of nine riders that occurred on June 15th, 2003.
MacPherson and his son Colin were leading the bunch and had an impromptu
sprint. MacPherson hit a manhole cover and crashed, bringing down most of
the riders behind. Telfer was at the back, but couldn't avoid the downed
riders and went over the handlebars. He injured his spine and suffered
temporary paralysis as a result, and had to be retired from his job on
medical grounds.
Telfer claimed that MacPherson was not in full control of his bicycle and
therefore at fault in the accident. But the jury in the case did not agree,
and ruled against Telfer.
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