Maurice Blackburn

Cyclist awarded compensation after road accident

Joint media statement with Bicycle Victoria

A South Gippsland woman who was knocked off her bike on a popular cycling road on the Surf Coast has taken the rare legal step to seek compensation and has been awarded damages.

On May 15 last year, Barbara Britten was riding along Bluestone School Road, Connewarre when a female motorist ran Ms Britten off the road.

Ms Britten said it was a clear day and she was riding from Torquay to Ocean Grove along a straight section of the road.

"I was about a foot in from the side of the road, there was no oncoming traffic. One minute I was on my bike and the next minute I was gone," Ms Britten said.

"I suffered severe bruising along the right side of my body. If I had been further in from the side of the road, I would have gone under or over her car."

The female motorist was issued a fine by police but claimed that she was not liable for the damage to Ms Britten's bicycle and cycling clothes.

"I was the victim in this case. I am a safe rider and I know the road rules. This was about justice," Ms Britten said.

Maurice Blackburn lawyer Melissa Knapic said the claim for damages were clear.

"Our client was wearing the correct safety equipment and is an experienced rider and it is very lucky that Ms Britten did not suffer any more catastrophic or permanent injuries as a result of the motorist's negligent actions," Ms Knapic said.

"We filed for damages in the Geelong Magistrates Court in July and the matter was settled at a pre-hearing conference and Ms Britten received damages of $3,300.

"Cyclists are legitimate road users and all motorists need to pay attention on the roads, particularly along popular cycling routes.

"Ms Britten was clearly the victim and she should be applauded for taking this step to get justice and compensation."

Bicycle Network Victoria chief executive Harry Barber said riders often walk away from incidents such as this, not aware of who is liable and what their rights are.

"Ms Britten, a member of Bicycle Network Victoria, came to us in this situation. It is important to leave road users in no doubt that we all have responsibilities on the road to look after each other, for that reason we thought this was the perfect case to take on an represent not only Ms Britten but the whole riding community.

"Ms Britten's victory is a positive step in reminding all road users that they have a responsibility to look out for and after each other. As bike riding becomes more common for health and transport reasons we expect to see more bikes more often."