Published in the Coffs Coast Advocate on 13 December 2014.
John and David, both in their 50’s, are avid cyclists. They are good friends and work colleagues. They live close to each other and will often go riding together. Nearby, there is a dedicated cycling track that runs parallel to a busy road.
Early one evening, John and David were riding along the cycling track, with John riding slightly in front of David. Unfortunately, John struck a piece of wood, which appeared to be a remnant from a fallen tree branch. The piece of wood was propelled sideways into David, who in turn, was propelled into the path of a motor vehicle. David collided with the vehicle and suffered serious injuries.
David was no longer able to work and in the face of mounting medical expenses, he seeks legal advice. His solicitor advises him to commence proceedings against John. David reluctantly follows his solicitor’s advice.
By agreement, the motor vehicle driver is absolved from blame and David sues John for not keeping a proper lookout for things lying on the road. David is ultimately successful and receives an award of $1.65 million.
Fortunately for John, he was insured and it was his insurance company that paid the damages to David.
This case shows the importance of cyclists carrying insurance, not only for their own injuries but for third party personal injuries they may occasion to others, particularly if they venture out onto public roads with any degree of regularity. Without the proper insurance in place, the consequences could be disastrous for all concerned.
It should be noted that most home buildings and contents insurance policies have liability cover which would protect a person in John’s position, but it is recommended to check the policy itself to make sure that there is such cover.
Unfortunately, these types of home insurance policies would likely not cover injuries to a person in John’s position if he, himself were also injured where he was at fault. If you are a cyclist who spends time on or near roads, it is worthwhile thinking about insurance and it may be a good idea to check your own home insurance policy.
