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Written on 20th May 2020 by

The Boyes Turner expert Personal Injury team were instructed on behalf of Andrew following an accident in January 2018. Andrew was cycling in Thatcham across a roundabout when a white SUV which had stopped suddenly pulled out straight into the middle of the roundabout which Andrew was cycling around. The vehicle struck his bike side on. Andrew came off his bike landing on his right hand side with his shoulder hitting the ground first. He hit his head and grazed the right side of his head and the bike fell onto his leg.  

Andrew got up and off the ground as quickly as possible to avoid any further impact. An ambulance was called and he was taken to hospital where an x-ray revealed he had broken his collarbone. He had multiple fractures to his collarbone and went on to have an operation to fit a plate in mid-January 2018. His arm was immobilised in a sling until the end of February 2018. He underwent physiotherapy to increase the mobility in his arm and reduce shoulder pain. He had exercises which he had to complete regularly. 

Andrew suffered with pain and discomfort as a result of the injury and found some tasks were difficult due to his reduced mobility as a result of the plate in his shoulder and pain from the injury. The injury affected his sleep and his day to day life and prevented him from being able to work for a period of time. It also resulted in him losing a contract with the company he was working for at the time of the accident. 

Andrew is an interim programme advisor and works on a self-employed basis through his own limited company and due to the accident was unable to fulfil his obligations under his contract, as a result his contract was terminated. This resulted in a direct loss of earnings to Andrew as he could not work for a period of time after the accident. When Andrew was able to find an alternative contract, this was at a lower rate than the previous contract he had agreed, again resulting in a continuing loss of earnings. 

Andrew is also a member of the Territorial Army and is a Lieutenant Colonel in the Royal Engineers. As a consequence of the injury he was non-deployable and he was unable to fire a rifle with the plate in his collarbone. Andrew therefore opted to have the plate removed in further surgery which was undertaken in November 2018. 

Although Andrew made significant improvements after the accident, his medical expert felt that he would have minor limitations of function and would remain minimally disabled as a result of the accident. There was also a very low risk that he would have degenerative change and might require further surgery.

The further surgery improved Andrew’s quality of life and his ability to undertake his role in the Territorial Army. Andrew’s settlement was agreed with the defendant’s insurers to include compensation for the loss of earnings which he suffered as a result of the injury.