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news
Royal Courts of Justice, London (picture bortescristian, Wikimedia Commons)London cyclist who suffered horrific injuries in taxi crash is being sued by cab firm for damage to car
A London cyclist who sustained horrific injuries in a crash involving a taxi almost three years ago is being sued by the cab firm for £5,000 for damage to the vehicle. A crowdfunding drive launched to help him meet defence costs has so far raised £650.
Sasha Evans, a 28-year-old teaching assistant from London, sustained injuries including a broken cheekbone, teeth and leg and was left with permanent scars to his face after the collision at a junction in south London in January 2015, reports the Evening Standard.
He told the newspaper: “As I was approaching the junction I thought I had enough time to cross. As I committed to go over the first lane, I realised I had miscalculated and the car was going faster than I thought.
“My head smashed into his windscreen and I flipped over the car and landed face first on the ground. Then it all went black.”
Mr Evans, who is also a musician, was treated for six days at King’s College Hospital and had to take four months off work, during which time he underwent rehabilitation.
However, when he sought a loan to make up the income he had missed during his time away from work, he discovered that cab firm The Keen Group had sued him, with the summons delivered to his former address and judgment entered against him with a court telling him to pay £3,500 plus costs.
That judgment has since been set aside but tomorrow Mr Evans will appear at Central London County Court, with the cab firm having launched a fresh claim for £5,000. He is counter-suing the company for £10,000.
“It’s absolutely crazy, £5,000 is so much money for a non-luxury car,” he said.
“I still have huge problems with my leg and can’t really run any more but I’m lucky to be alive. My head wound was so deep.
“I’ve got permanent facial scars and still intense pain when I walk for a long time. It’s been a nightmare. I just worry about the impending court case all the time.”
While police attended the incident, Mr Evans decided not to press criminal charges against the cab driver involved because two witnesses were unwilling to give statements.
So far, £680 has been raised on Crowdfunder to help Mr Evans meet defence costs including a medical report on the extent of his injuries.
The page on Crowdfunder.co.uk says: “As if getting hit by a taxi wasn't bad enough, the situation has escalated through no fault of his own when the taxi firm tried to claim £5,000 in damages to the car, and he is now caught up in a complicated legal battle with the company.
“This is proving to contain many hidden costs - from solicitors fees to medical reports – all of which add to the stressful ordeal of an impending court case.
“Please chip in if you are able to at all, to help alleviate some of the financial strain that this situation is putting on Sasha.”
Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.
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41 comments
Um legally I can't see what he can gain from fighting this, if he was cycling down Hollydale Road, where it crosses Evelina Road, where the taxi was, the taxi has right of way, traffic on Hollydale Road is supposed to stop.
Clearly this guy has had lifechanging injury but that doesn't make his legal postion any stronger which frankly is fairly fimsy, in the the linked newspaper he says "As I committed to go over the first lane, I realised I had miscalculated and the car was going faster than I thought." since he legally is supposed to give way, legally I just can't see where he is going with this.
I can perfectly understand why he is, challanging it, and it does feel cruel but legally I can't see how he can defend.
Agree, though the linked newspaper report says
"he tried to cross Hollydale Road at the junction with Evelina Road."
Which implies he was on Evelina Road and crossing Hollydale Road.
Presumably this line is simply a mistake in the paper?
That wouldn't tally with his quote "As I committed to go over the first lane, I realised I had miscalculated and the car was going faster than I thought" which suggests that he attempted to cross Evelina road, and misjudged the taxi's speed.
Also on Evelina Road, Hollydale road is one of many side turning it's not a junction.
The only way it makes sence is if he was on Hollydale road, which also in all likelhood means he was the author of his misfortune.
Guilty!
I was the victim of an accident some years ago when a steel-sided road-sweeping truck pulled out in front of me, turning right out of a side road which was clearly marked a 'no right turn'. Clear breach of the signage, as well as failing to pay attention to the cyclist wearing hi-vis, and a helmet with lights on. I smacked into the side of it at 20mph; blood every-where and blue-lighted to hospital etc, so harm was clearly caused.
The incident was right next to a bus-stop, where there were plenty of people. The driver admitted fault at the scene (and was witnessed by third parties), witnesses gave details to police etc. Yet police were unable or unwilling to prosecute because witnesses would not cooperate further.
So likely not fishy, just a sad reflection of the general public being unwilling to support our justice system.
Not on the British Cycling insurance, but I did use the CyclingUK (formerly CTC) legal insurance to pursue a private claim against the owners of the above vehicle. It involved a bit of hassle (medical examination, a few forms), but ultimately it was worthwhile. The resultant compensation will never fix my nervousness when vehicles approach side junctions too quickly and the scars on my legs mean my modelling days are over (as if!)
As for the incident, and acknowledging that we don't have all the facts, it sounds as if the cyclist was at fault and he acknowledges it. Another example of person misjudging the speed of approaching traffic (whether vehicle or cyclist) through inadequate attention and suffering the painful consequences. Sadly, as we all know when it's a matter of man vs metal, it's the metal that wins, regardless of who's right and wrong.
Mrs CJ once gave a statement following an accident she witnessed. Many months later she was called to attend court. The whole experience has put her off ever wanting to give a formal statement again from the time off work to the "alternative facts" being told by both sides. Can't really blame people for not wanting to get involved.
Or from Cycling UK (CTC)...
https://www.cyclinguk.org/member-benefits/£10m-3rd-party-insurance-cover
A bit late for Sasha, but... https://www.britishcycling.org.uk/thirdpartyliability
Food for thought for everyone else.
Does it work? Has anyone claimed on it?
Quite a few guys in my club have had to use it. Works a treat.
Yes, crashed into the back of a car at a junction while looking down the road after I thought it'd gone because it had "plenty of room". It hadn't. I busted its rear light with my brake lever. We exchanged details, I called the BC insurance, filled some paperwork and never heard anything since. I *assume* it's all sorted.
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