Cyclist hit by car door sues for £1m after Tour de France hopes dashed

Telegraph

3 days ago

A professional cyclist who said his Tour de France hopes were wrecked after he was hit with a car door is suing for over £1m in compensation.
James McLaughlin, 34, injured his shoulder and right elbow when a car door was opened directly into his path when he was on cycle lane in West Wickham, south east London, in May 2020.
Mr McLaughlin, who rode for a series of pro teams, raced for Guernsey in the 2014 and 2018 Commonwealth Games and hoped to compete in the Tour de France, said the accident left him brain damaged, leading to depression, memory loss, fatigue and PTSD which have wrecked his chances of returning to professional cycling.
The former road racer is suing the insurers of the driver and passenger for over £1m.
Central London County Court heard Mr McLaughlin, described as 'supremely fit', was taking a short break from his professional cycling career and working as a courier when he was injured in May 2020.
The court heard that as he was cycling, 'a car door was opened across a bicycle lane in front of him,' resulting in him coming off his bike and hitting the ground.
Liability for the accident has been admitted by motor insurers, but they are disputing whether he did in fact suffer a brain injury, and the amount of compensation claimed.
Winston Hunter KC, Mr McLaughlin's barrister said he is plagued by problems with poor concentration and memory, as well as anxiety and distress, while a neuropsychologist considered he had suffered concussion due to his head being 'shaken around' in the crash.
While Mr McLaughlin had suffered other falls in his career, he said that there was no evidence that any of these accidents caused him lasting problems at the time.
Mr McLaughlin had a number of successes, including coming sixth in the time trial at the 2018 Commonwealth Games, but Mr Hunter said that he has now 'lost that cycling career'.
However, Lionel Stride – for the insurers – challenging the existence of a 'mild traumatic brain injury' said there was no mention of Mr McLaughlin suffering a blow to the head at the time of the 2020 accident.
He told Judge Jane Evans-Gordon: 'He came into contact with a car door at speed and was subsequently thrown off and hit the ground, with an orthopaedic injury to his right shoulder.
'There was no mention of a blow to his head.'
The cyclist's case reached court for a pre-trial hearing over whether Mr McLaughlin should be allowed to rely on further medical evidence from neurologists focusing on whether concussion and a 'minor traumatic brain injury' could be the cause of his current problems.
Allowing in the new evidence, the judge said Mr McLaughlin is convinced he suffered a brain injury in the collision and 'that this has an impact on his long-term employment prospects'.
The judge said: 'It appears to be common ground that the claimant was an elite cyclist and had the potential to be a high achiever in the event that he returned to the world of elite cycling.'
After hearing arguments from both sides, the judge agreed to admit the neurological evidence, which she said concerned a 'very significant issue for him', and could 'make a difference of approaching £400,000 to his loss of earnings claim'.