Broken neck and back

[Pumpkin the robot]

Hello Martin,

I don't think my case is atypical, legal matters tend to proceed slowly. There was quite a wait for the police report, and I have attended numerous appointments with medical experts, who have prepared various lengthy reports (at considerable expense to my solicitor). There was a wait for the defendants to accept liability, which they eventually did, but with a 25% discount because of alleged contributory negligence (I wasn't wearing a helmet). The finer points of this are being argued about as we speak. I have had many meetings and phone conversations with my solicitor and one with the barrister we appointed.

Cases of this sort (I had an intra-cranial hemorrhage and fractured zygoma and eye orbits, amongst other things) can get very complicated very quickly. I lost my private pilot's licence because of an increased risk of epilepsy, and an aspect of intellect called working memory index has been permanently damaged. In addition, I was changing my career at the time, and the accident's negative effect on my projected future earnings has had to be estimated and will have to be agreed with the defendants. The bicycle was completely undamaged, but a Rolex watch which I bought in 1989 received £2800 of damage (which should not be subject to the 25% contributory negligence discount, even if it stands).

It took me a while to get back into cycling, even though I didn't sustain any injuries that would have a chronic effect on my ability to ride. It felt odd when I first went back to it, but I'm now into it more than ever, helped by the fact that I've since moved to a more cycle-friendly area.

Steve

Hi Steve
Thanks for that. I know that these cases are not over and done with quickly, but I am hoping it gets sorted out sooner rather than later! The police officer at the scene has submitted his report but I have not seen it yet. He told my girlfriend that he is happy I was not at fault and is recommending that the woman driving the car is prosecuted or preferably if she meets the criteria, goes on one of the driver improvement classes. My solicitor has submitted the claim to her insurers and I think he said they have 15 days to accept liability.
Although I dont agree with them, I was wearing a helmet (it keeps my other half quiet!) so at least that will not hold things up while they debate that issue.
It sounds as though you have been through a lot and lost out on a lot of things. I have been lucky in that it could have been much worse and hopefully after a few months of rehabilitation will be able to do a lot of the things I was before albeit at a lesser level.

 

[2clepto]

i hurt my back over five years ago. couldnt move for a few weeks, or at least i thought so. best thing i found after trying chiropractors (utterly useless and dangerous imo), physio (short term assistance but lacking and expensive), yoga at home everyday (used a video, brilliant results, didnt begin yoga until 18 months after the injury, dont know if sooner would have been better, only ever completed the sessions where stretching and air intake were emphasised, i.e. beginners lessons, in other words didnt become a yoga expert) is use hiking walking sticks to aid your body while in recovery inside the house and out. they are a fine aid when visiting the wc too hehe.

another useful tip i found is to wear double eyelet boots most of the time as they support the ankles which in turn provides for a more secure base for the rest of the frame to situate itself comfortably. i get sweaty feet but this is a small price to pay for the mobility i have now.

 

[CopperCyclist]

IIRC doesn't Di2 have a crash protection thingymajig built in?

Ping @Mr Haematocrit

Horrible crash - GWS. Definitely follow the doctors advice!

And yes, smokeysmoo is right, Di2 has a crash protection thing that stops it shifting in the event of a crash, or dropping the bike. Hold down the button on the junction box until it goes red, then press it once to reset.

 

[guitarpete247]

GWS. I daren't let the GF hear any of these stories as she's a nervous rider at the best of times.

 

[ushills]

I fractured my T8 following a fall down the stairs, the back healed after the usual 6 weeks, however, I had two years of weekly physio to deal with the pain before I returned to proper cycling, walking etc was okay. Now 10 years later I am suffering with pain again, facet joint syndrome, which is more than likely caused by the initial fracture and it's affect on posture.

A good physio will help immensely and get you back on the road, and do the exercises they suggest for building back strength and a strong core.

 

[AndyWilliams]

ouch! Hope you heal up just fine and your back on the bike soon.

 

[Sara_H]

Goodness me, that sounds horrific. Get well soon.

I can't really offer any advice other than to say don't try to rush your recovery. Eat well - I'm sure it helps.

 

[S.Giles]

Hi Steve. Just a point that every judge that has heard a 'contributary neglegence for no helmet' defence has thrown it out, so don't accept it.
If they are pushing that line then I would suggest asking advice from the CTC.

Hi mcshroom

We have an expert witness report stating that had I been wearing a helmet, it probably wouldn't have made much difference because of the nature of the accident (speed of vehicle, type of injuries, etc). My solicitor does not seem to think that the defendants will necessarily accept this right away, but we're not going to let it go.

 

[S.Giles]

Hi Steve
Thanks for that. I know that these cases are not over and done with quickly, but I am hoping it gets sorted out sooner rather than later! The police officer at the scene has submitted his report but I have not seen it yet. He told my girlfriend that he is happy I was not at fault and is recommending that the woman driving the car is prosecuted or preferably if she meets the criteria, goes on one of the driver improvement classes. My solicitor has submitted the claim to her insurers and I think he said they have 15 days to accept liability.
Although I dont agree with them, I was wearing a helmet (it keeps my other half quiet!) so at least that will not hold things up while they debate that issue.
It sounds as though you have been through a lot and lost out on a lot of things. I have been lucky in that it could have been much worse and hopefully after a few months of rehabilitation will be able to do a lot of the things I was before albeit at a lesser level.

If my case is anything to go by, you should expect it to drag out. Personally, I have found the process to be fascinating, so I'm not that bothered that it's taking a long time. I'm not sure about the 15 day limit for liability acceptance that you mention. IIRC, it was months before the defendant accepted liability in my case.

The injuries we sustained are very different. Yours almost certainly involve more discomfort (ie, pain), whereas I was walking around like a zombie, repeating myself because I could not remember what I had just said, and experiencing strange visual artifacts. What I laughingly refer to as my 'personality' seemed to have disappeared, and my right ear looked and felt as though it had been attacked by a rottweiler. Neither of our situations is good!

My advice is to hang in there, allow your solicitor time to explore the case in detail (this will make your case more robust, and ensure you're properly compensated), and don't accept the first offer of settlement from the defendants unless it's really good (it probably won't be!).

BTW, the driver in my case was sent on some sort of 'safe driving' course, which is fine by me. Accidents happen, and I don't have any ill feelings towards him. The fact that the driver was penalised at all made proof of negligence in this case comparatively simple (notwithstanding the contributory aspect).

Steve

 

[surfdude]

gws mate . if your looking for something to do watch a film called on any sunday , its old but a cracking film . there is a bit in it that is relevant to your case . i would not follow what the guy in the film does .

 

[Pumpkin the robot]

If my case is anything to go by, you should expect it to drag out. Personally, I have found the process to be fascinating, so I'm not that bothered that it's taking a long time. I'm not sure about the 15 day limit for liability acceptance that you mention. IIRC, it was months before the defendant accepted liability in my case.

The injuries we sustained are very different. Yours almost certainly involve more discomfort (ie, pain), whereas I was walking around like a zombie, repeating myself because I could not remember what I had just said, and experiencing strange visual artifacts. What I laughingly refer to as my 'personality' seemed to have disappeared, and my right ear looked and felt as though it had been attacked by a rottweiler. Neither of our situations is good!

My advice is to hang in there, allow your solicitor time to explore the case in detail (this will make your case more robust, and ensure you're properly compensated), and don't accept the first offer of settlement from the defendants unless it's really good (it probably won't be!).

BTW, the driver in my case was sent on some sort of 'safe driving' course, which is fine by me. Accidents happen, and I don't have any ill feelings towards him. The fact that the driver was penalised at all made proof of negligence in this case comparatively simple (notwithstanding the contributory aspect).

Steve

Not too bothered how long it takes (within reason!) as long as I get compensated fully for the injuries and long term effects, but that will take time.
I am actually in more pain now than the first week. It seems I am getting more muscle pain in my back than before but its the boredom! Still got another 6 weeks with the collar on, I dont know how I will survive! At least I will get to watch the rest of the tour and then the commonwealth games and also the start of the Vuelta, my timing was good.

 

[Red17]

Like others have said don't rush it and take doctors advice - especially whilst you still have the brace on.

Everyone heals at a different rate - I suffered multiple fractures to 4 vertebrae back in 2012 in a motorcycle crash and whilst trussed up in a brace and bored I found that breaking vertebrae is a very common injury in a sports like motorcycle racing / parachuting / horse riding etc and there's loads of anecdotal evidence on recovery periods out there - all totally different.

In my case it was about 6 months before I could start to excercise again in the gym and about a year until I was reasonably fit and on a bike - main thing I learned was to let the bones heal first and take it from there as all injuries are different.

 

[Pumpkin the robot]

It looks as though my memory may have been affected as well. I am forgetting things I have asked people and I am struggling to remember technical words that are involved in my work and peoples names.
The back is hurting more, but I think it is more muscle pain than the actual bones. I should be going back to the hospital next week so I will know a bit more then.

 

[w00hoo_kent]

Best of luck with it, make sure they note everything down and make comment on what they think needs to be done about each so you have a record.

 

[Ganymede]

It looks as though my memory may have been affected as well. I am forgetting things I have asked people and I am struggling to remember technical words that are involved in my work and peoples names.

I would definitely mention this to the hospital when you go. I'd want it in my notes for compo, for one thing.

I had a bad bang on the head once which affected my neck. Not bad enough for hospital but I was groggy and grumpy and affected by it for a while - realised also that my eyesight seemed to have got worse. I had a brilliant osteopath who sorted me out - he is a very very tall man who has banged his head a lot on beams in houses so he felt my pain! - he tweaked me about a bit and my eyesight went back to normal and I stopped shouting at people.