Payout for cyclist hit by car
A cyclist who was hit by an unaccompanied learner driver has
received £2.45 million in personal injury compensation.
Hamish McCullough, a student at Oxford Brookes University, was
twenty-four when he was knocked off his bike in July 2001 by Gordon
Mitchell.
McCullough was cycling along Fawler Road, near Uffington, when
he was struck by the wing mirror of Mitchell's Peugeot 205. He was
thrown from the saddle and suffered a fractured skull, which led to
a ruptured artery and eventual brain damage.
Mr McCullough was hospitalised for a year after the accident and
now requires twenty-four-hour medical care. He appeared in court in
a wheelchair.
Mitchell, who was using a provisional licence, failed to stop
after the accident and, in March 2002, was given a two-year jail
term for that and perverting the course of justice. The Court of
Appeal freed him in September 2002 when judges halved the jail
term.
Mr McCullough's father Peter made the successful claim for
compensation on Hamish's behalf. His solicitor approached the Motor
Insurers Bureau (MIB), the official motor insurer's body that
compensates victims of un-insured and un-traceable drivers.
Mr McCullough was awarded £2,450,000 as a lump sum and will
receive £120,000 a year for life to cover the cost of his ongoing
medical care. The amount was slightly less than expected as the MIB
disputed liability after claiming that Mr McCullough should have
been wearing a helmet.