Cyclist dragged along road under car sues for damages

Cyclist dragged along road under car sues for damages

Anna Bator was cycling up St Saviour’s Hill with her brother and sister on the morning of 25 October 2015 when all three were struck by the vehicle.

The 32-year-old claims she was left face down under the car with multiple injuries which later required surgery.

Outlining the accident in legal papers lodged with the Royal Court, Ms Bator says that as she was cycling up the hill she heard a loud bang, which was the noise of a car being driven by Ian Buxton colliding with a car driven by Denis McGuire, who was pulling out of his drive.

Mr Buxton then lost control and collided with all three cyclists, the papers say. Ms Bator, who was a farm worker at the time of the accident, is now suing both drivers for damages.

In her claim, it states: ‘The first defendant’s vehicle careered across the road and hit the plaintiff’s siblings in front of her. The plaintiff realised she would be hit by the vehicle but didn’t have time to move out of the way.

‘Within seconds of hitting her sister, the first defendant’s vehicle also hit the plaintiff, throwing her to the ground and driving over her, dragging her along with her under its wheels. When the car came to a stop, the plaintiff was lying on her front, face down under the car.’

The papers add: ‘The plaintiff was subsequently aware of her brother, who had also been injured, talking to her. She was in shock but felt pain in her face and so asked him if she looked alright. He told her she had some injuries to her face. She was subsequently removed from underneath the car and taken to the Jersey General Hospital by ambulance for treatment.’

Ms Bator says she sustained serious facial injuries, abrasions to her hip, abdomen and right hand and psychiatric injuries and has suffered in her work, domestic and social life as a result of the accident. She is claiming general damages for the ‘pain, suffering and loss of amenity arising from the injuries’ and special damages covering matters including loss of earnings.

Mr Buxton, who pleaded guilty to careless driving following the accident, admits that the crash was partially caused by his negligence.

However, he, and Mr McGuire, claim that Ms Bator was also negligent, as she was not wearing a cycle helmet. They add that she must also prove the causation and prognosis of her injuries and condition, as well as the extent of the loss and damages caused by the injuries.

They also say that loss or damage suffered by Ms Bator was caused ‘solely by, or contributed to’, her ‘own negligence’ in failing to wear a cycle helmet.

Mr McGuire, admits that, for the purposes of the civil action, the crash was partially caused by his negligence. He was not convicted of any criminal offence in relation to the crash,

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