Legal Insights on a Cyclist on Cyclist Collision

No matter how experienced you may be the truth is accidents happen and they could happen to you. Though your biggest concern could be the motor vehicles on the road, you may want to keep an eye on the other bicycle riders as well.

A recent cycling accident in Canberra highlighted this exact fact and raised some important questions about the legal obligations cyclists have to each other and the importance of staying alert and in control while riding to avoid accidents and protect other riders.

The Incident

Michael Franklin and David Blick, both friends and experienced cyclists from Canberra, frequently commuted home from work together on their bicycles. On the 17th of June 2009, at approximately 5:30 pm, the two left work and began their usual ride home. 

They were travelling alongside the well-lit area of Commonwealth Avenue and Capital Circle during peak hour traffic. In order to be more cautious both bikes had many features including powerful lights to keep their riders safe. 

The two were travelling at a speed of 25 kilometres per hour with David riding slightly ahead and to the left of Michael. As they were travelling in the designated bicycle lane, David’s bike hit a two-meter-long piece of wood that was lying across the path. The impact of this caused a cyclist vs cyclist collision with David’s wheel to slide out from under him and sent him crashing into Michael. This made their wheels lock together and caused both cyclists to fall. 

David did not suffer any major injuries however Michael was thrown from his park directly into oncoming traffic where a vehicle hit him. Due to the level of congestion and how fast the incident occurred, the driver was unable to stop his vehicle in time. Michael after being run over tried to crawl away but quickly realised that he could not move his legs. 

The Injuries and Effects

Michael sustained some severe injuries as a result of the crash including,

• A fractured pelvis
• A fractured lower back
• Internal bleeding
• Severe bruising and abrasions

After being admitted to the hospital, Michael spent 28 days undergoing intensive treatment as well as pelvis surgery. During this surgery, the doctors attached an external fixator to his pelvis which protruded 10 cm away from his body. It was attached to help stabilise his pelvis during recovery but it had to be removed in 2012 due to the screw beginning to press on his sciatic nerve and causing intense pain.

This surgery left a huge impact on Michael’s ability to work. The pain and physical limitations caused him to reduce his hours from full-time to a part-time 25-hour role. This reduction in hours meant that he suffered a substantial loss of income and lost out on career progression opportunities. 

During this time, it was found that the driver of the vehicle was not at fault for the accident. Therefore, Michael filed a lawsuit against David, stating that David had failed to exercise reasonable care by not looking out for hazards and subsequently failing to avoid the obstacle on the bike path. This failure ultimately led to the accident and caused Michaels’s injuries. David denied these allegations and argued that he did take reasonable care under the circumstances and that Michael contributed to the accident by not maintaining proper awareness.

Key Evidence and the Final Judgement 

During the trial, both parties were asked to give detailed accounts of what occurred. The court considered these testimonials as well as, 

• Medical reports detailing the severity and long-term impact of Michael’s injuries.
• Expert testimony from an occupational physician confirming that Michael’s injuries would permanently affect his ability to work.
• Evidence showing that David was riding in a well-lit area with proper lighting and powerful bike lights, which supported Michael’s argument that David should have seen the obstacle in time to avoid it.

The presiding judge, Justice Burns ruled that David did have a duty of care to other road users, including Michael and that this duty extended to avoiding hazards on the cycle lane. It was then concluded that David had breached his duty by failing to avoid the piece of wood, leading to Michael’s injuries. 

The court also rejected David’s argument that Michael had any contribution to the accident, noting that Michael was in a reasonable position and riding at a safe speed at the time of the accident occurring. 

Compensation

The final decision was that David was solely at fault. Justice Burns stated that,

“There can be no doubt that the defendant owed other road users, particularly cyclists such as the plaintiff, a duty of care to exercise reasonable care to avoid causing injury to other road users.  In my opinion, this duty extends to exercising reasonable care to avoid running over objects on the cycleway likely to cause him to lose control of his bicycle.”

As such the court awarded Michael a total of 1,659,392.75 dollars for the damages, the breakdown of which is,

• $335,000.00 for loss of wages up to the date of the trial.
• $838,925.75 for future loss of earnings until retirement at age 67.
• Compensation for ongoing medical expenses.
• An additional payout for the pain, and suffering caused.

What Should You Learn From This in 2025?

1) Obtain the Correct Legal Evidence

This case fully demonstrates why you should secure accurate and credible medical evidence when making a compensation claim. Michael’s case was won in large part due to the key testimony by his occupational physician who confirmed that his injuries led him to be unable to work. So if you’re looking to make a claim make sure to,

• Obtaining a report from an occupational therapist to show how the incident affected your work.
• Gaining expert medical evidence to help strengthen your claim.
• Accurate documents outlining your injury as well as long-term treatment plans. 

2) Need for Public Liability Insurance

Having the right type of insurance is significant takeaway from this case. The compensation awarded to Michael was paid for by David’s insurer rather than David, This helped protect David and can protect you from financial liability in the event of an accident. If you’re ever found liable for an accident and don’t have insurance it could lead to you having to undergo personal bankruptcy. 

What if You or Someone You Love Has Been in an Accident Like This?

This case serves as a powerful reminder of the responsibilities cyclists have to one another and the potential legal consequences of failing to uphold that duty of care. The court’s decision reinforces the importance of remaining vigilant while cycling, securing proper insurance coverage, and obtaining credible medical evidence when pursuing compensation claims. 

Cycling accidents can lead to life-changing injuries, financial loss, and emotional stress. If you’ve been injured in a cycling accident, whether due to another cyclist’s negligence or a motor vehicle incident, seeking expert legal advice is essential. A knowledgeable cycling injury lawyer can help you understand your rights, gather the necessary evidence, and navigate the legal process to secure the compensation you deserve.

At Cycle Law, we specialise in representing cyclists and ensuring they receive the support they need after an accident. If you or someone you know has been involved in a cycling incident, don’t face it alone, contact us today for a free consultation and expert guidance on your case.