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Cyclist sues Tesco after delivery driver runs her over

Not the first time the supermarket has been sued following a serious collision between one of its vehicles and a cyclist

A cyclist is suing Tesco for more than £100,000 after a delivery driver allegedly drove into and then over her in London.

The London Evening Standard reports that Kate McElroy was riding to work in December when the driver pulled out in her path at the junction of Southwark Bridge Road and Great Guildford Street.

McElroy was knocked to the ground and went under the van. The driver is said to have driven over her, crushing her pelvis.

“I fell backwards onto the road and the bike went flying out from under me. I found myself lying under the truck. I thought he must have heard the crunching of my bike under the wheels but suddenly he started moving again.

“I was terrified and thought I was going to die as the van drove over my pelvis. I was screaming uncontrollably from the pain as I tried to stand up but found I couldn’t move. Another cyclist stopped and held my hand and tried to calm me down.”

McElroy spent 12 days in hospital undergoing a number of operations, including the insertion of a screw into her pelvis. She also suffered a fractured fibula and remains unable to walk unassisted.

She is suing for loss of earnings and for the physical and psychological damage.

Patrick Maguire, a specialist serious injury lawyer at Slater and Gordon, said: “Even though it was clear that the Tesco lorry driver was at fault, the company has done very little to help Kate. She had to commence proceedings in the High Court to seek an order to get Tesco to make an interim payment in respect of funds for her lost earnings and rehabilitation.”

Tesco have now made that interim payment and a spokesman said: “We are incredibly sorry that this happened and our thoughts are with Ms McElroy. We hope to agree a settlement soon.”

In 2015, Julie Dinsdale lost a leg when she was crushed under the wheels of a Tesco lorry in London. The driver responsible was handed a £625 fine and given five points on his licence after pleading guilty to driving without due care and attention.

Speaking in August of last year, Dinsdale's lawyer, Sally Moore, said a civil legal action would be taken, adding: “It remains a problem at the core of British society that serious collisions involving cyclists are still regarded as ‘par for the course’ and appear to be treated as such by the Courts.”

Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.

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21 comments

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mrchrispy | 7 years ago
0 likes

If these collisions were in a depot and workers were getting squashed then the HSE would be all over this, they'd shut the depots until they were made safe and Tesco would be fined into oblivian.

However, kill and mame on the road and its all okay. ...go figure!

 

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Dnnnnnn replied to mrchrispy | 7 years ago
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mrchrispy wrote:

If these collisions were in a depot and workers were getting squashed then the HSE would be all over this, they'd shut the depots until they were made safe and Tesco would be fined into oblivian.

However, kill and mame on the road and its all okay. ...go figure!

The two aren't entirely comparable - Tesco aren't responsible and can't control the actions of other road users the way they should be able to exert control over people on their sites.

But I agree that the current situation on the roads is way too far towards the other end of the spectrum (basically, "accidents happen, oh well, carry on"). 

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ktache | 7 years ago
0 likes

If you are paid for what you do you are a professional.

 

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davel replied to ktache | 7 years ago
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ktache wrote:

If you are paid for what you do you are a professional.

 

This is true, but when it involves a skillset that the majority of the adult population also possesses, there should be something else that sets those paid to do it apart from the rest.

(In practical terms, the standard of driving needs to improve across the board, but those paid to drive should be held to higher standards still - and not just by the insurance market).

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dog_film | 7 years ago
2 likes

You know what? Get well soon. I don’t think anyone would blame you for not riding again. I hope you do but I hope you feel better very soon. 

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PaulBox | 7 years ago
4 likes

In my opinion, these grocery delivery vans are very quickly becoming the most dangerous and aggresive vehicles on the road. I've had a few close calls on my bike and a few run-in's when in my car. Something really needs to be done about them.

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LastBoyScout replied to PaulBox | 7 years ago
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PaulBox wrote:

In my opinion, these grocery delivery vans are very quickly becoming the most dangerous and aggresive vehicles on the road. I've had a few close calls on my bike and a few run-in's when in my car. Something really needs to be done about them.

And don't get me started on the parking while they're delivering - we share a driveway with 3 other houses and regularly have our driveway blocked by delivery vehicles of all descriptions.

I once pointed out to a delivery driver, Sainsbury's, I think, that he was breaking at least 2 laws (he was parked on a corner, half way on the pavement, half blocking 2 sides of a T-junction - all of which screwed up the visibility of the junction in 2 directions) and all I got was a cheery "oh, am I?".

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kil0ran | 7 years ago
5 likes

Delivery drivers have a tough gig. Paid on delivery performance with few breaks and long hours. Companies should be prevented from having contract clauses that encourage criminal or dangerous behaviour. They wouldn't be allowed under H&S law in other industries

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jaysa | 7 years ago
7 likes

How do we cyclists get wider and more sympathetic coverage on the net and in print?

I thought killing and maiming people wasn't acceptable in a 'civilised' society - as in our government would point this out and actively discourage it??

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nniff | 7 years ago
7 likes

I was knocked off my bike on CS7  last week - left hook by a driver who didn't indicate.  Minor injuries, badly crunched fingers - blood but no breaks.  The driver then drove over my bike.  Turns out that 3T  wheels are very resilient  - dented but still rideable for 14 miles.  I contacted the police who gave me a number and the impression that they weren't interested.

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BarryBianchi replied to nniff | 7 years ago
6 likes

nniff wrote:

  I contacted the police who gave me a number and the impression that they weren't interested.

That wasn't an impression, it was the real thing.

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Yorkshire wallet | 7 years ago
18 likes

£100k seems a bit low for basically ruining your life!

That's only about 4 years average wage, hardly going to keep you going for the rest of your days if you need help all the time because of injuries.

If this was America it'd be a £100m.

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DrG82 replied to Yorkshire wallet | 7 years ago
6 likes

Yorkshire wallet wrote:

£100k seems a bit low for basically ruining your life!...

I was thinking the same, how much would it cost just to do simple things like adapt a house/car etc, for use by a disabled person. more than 100k I'd bet.

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Crippledbiker replied to DrG82 | 7 years ago
5 likes
DrG82 wrote:

Yorkshire wallet wrote:

£100k seems a bit low for basically ruining your life!...

I was thinking the same, how much would it cost just to do simple things like adapt a house/car etc, for use by a disabled person. more than 100k I'd bet.

I believe I can field that one.

It depends on the extent of your injuries; I'm lucky enough that I still have enough use of my legs to use normal car controls, but I've got slightly modified steering (lightened and with a ball), as well as a hoist in the back of a rather large car (Ford S-Max Ti).

Some of these adaptations are completely covered under the Motability scheme, which is basically a lease with a few conditions for entry. Others, like my hoist, are heavily subsidised; I paid about £130 for my 80kg hoist, but I own that and will carry it forward to the next vehicle - or not, if I decide to leave the scheme.
Some cars are completely free of charge*, others have advanced payments. My car had an AP of just under £3k, but I went for a bit more car than I really needed because I considered some of the options to be worth it - in particular, the self-parking bit.

*assuming you receive Enhanced Mobility rate under PIP - you lose that, it's about £56 a week.

The house, however, is another kettle of fish.

Whilst you -can- adapt a house with ramps etc, if you require level access throughout then you're going to have to completely rearrange your furnishings, have all of your sockets moved up, switches moved down, doorways widened etc - and the oh so wonderful twats in Westminster have seen fit to completely gut and decimate the support structures that were there to get that in place.

This, of course, assumes you've got a ground floor access property; Also, if you're renting, you're usually pretty much fucked. Accessible properties are very bloody hard to find, and you'll need space to store your spares and parts - forget about just being able to put the bike on the wall, a normal handcycle is over 2 meters long, and even though a bolt on is significantly shorter, the fact that they don't generally stand up on their own makes them a bastard to store. Then you've gotta store your chair, your spare bits for that, wheels, tubes, tyres etc.

Oh yeah, and let's not forget that fact that most of TfL's stations immediately become impassable, and you'll also lose the ability to just turn up and travel on many train lines; Good luck with spontaneous planning.

If you want the same level of independence, well, again, that depends on your level of injury; I have a £4k wheelchair with a £3.5k handcycle for the front. If you want a powerchair, you can very easily pay £20k upwards, especially if you need special postural support or things such as tilt-in-space.

Basically, 100k is an insultingly low offer if she's still unable to walk unassisted. That's a life changing injury, and 100k should be considered a starting point - especially with the callousness of the incident in question.

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StraelGuy | 7 years ago
4 likes

The more I read about Tesco, the more I realise what a bunch of utter c**ts they really are!

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jasecd replied to StraelGuy | 7 years ago
7 likes

StraelGuy wrote:

The more I read about Tesco, the more I realise what a bunch of utter c**ts they really are!

 

I was almost killed by a Tesco delivery van. I turned right from the ASL on a traffic light controllled T junction intending to turn immediately right again - my road positioning and arm signal clearly indicated this however the driver decided this would be the correct place to overtake me,accelerating wildly on the wrong side of the road. He missed me by fractions of an inch as I swerved into a parked car. I called Tesco with a reference ID printed on the side of the van and a partial number plate - I was told that this would be investigated and they would get back to me. They didn't and when I phoned back a few days later no-one had any recollection of my initial call.

IMO companies that employ 'professional' drivers should be forced to accept liability for their behaviour. 

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Accessibility f... replied to jasecd | 7 years ago
2 likes

jasecd wrote:

IMO companies that employ 'professional' drivers should be forced to accept liability for their behaviour. 

 

They're not really professional though, not in the strictest sense of the word.  Professionalism means that you're in some way more qualified than the average person.  I imagine many people driving box vans do so on a normal driving licence.

Perhaps a better idea might be to force such companies to use two people to do the job.

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davel replied to Accessibility for all | 7 years ago
5 likes
Peowpeowpeowlasers wrote:

jasecd wrote:

IMO companies that employ 'professional' drivers should be forced to accept liability for their behaviour. 

 

They're not really professional though, not in the strictest sense of the word.  Professionalism means that you're in some way more qualified than the average person.  I imagine many people driving box vans do so on a normal driving licence.

Perhaps a better idea might be to force such companies to use two people to do the job.

Yeah that's my unscientific observation: too many brain donors take jobs driving for a living because they're largely unemployable elsewhere.

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zanf replied to jasecd | 7 years ago
3 likes

jasecd wrote:

I called Tesco with a reference ID printed on the side of the van and a partial number plate - I was told that this would be investigated and they would get back to me. They didn't and when I phoned back a few days later no-one had any recollection of my initial call.

IMO companies that employ 'professional' drivers should be forced to accept liability for their behaviour.

Did you report it to the police as well though? Its a sad fact that you have to make as much noise as possible before anyone even slightly rise from their slumber.

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severs1966 replied to jasecd | 7 years ago
0 likes

jasecd wrote:

...I called Tesco with a reference ID printed on the side of the van and a partial number plate - I was told that this would be investigated and they would get back to me. They didn't and when I phoned back a few days later no-one had any recollection of my initial call

The person who answered your call will not even have written it down. Even the "how's my driving" IDs on motor vehicles result in no reaction at all, they are just there to dupe you into thinking the employer cares about the standard of driving. I have contacted a number of these. Some even have non-functioning telephone numbers

 

nniff wrote:

I was knocked off my bike on CS7  last week  ... I contacted the police who gave me a number and the impression that they weren't interested.

 

It was a correct impression. They are not interested.

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Rapha Nadal | 7 years ago
9 likes

"The driver responsible for the 2015 collision involving Dinsdale was handed a £625 fine and given five points on his licence after pleading guilty to driving without due care and attention."

Well there's a fucking surprise.

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