Simon MacMichael February 22 2018
A Croydon cyclist who cyclist sustained a brain damage when he was involved in a collision with a car after crashing due to a pothole is suing Transport for London (TfL) for £300,000.
The incident happened on a bus lane the A23 Brighton Road close to Coulsdon Town railway station (formerly Smitham station), a Red Route in the London Borough of Croydon that is part of the TfL Road Network.
The plaintiff, whom the Evening Standard reports cannot be named due to legal reasons, is aged in his sixties and also broke several ribs, his collarbone and his back in the crash in 2016.
The man, from Croydon, who cannot be identified for legal reasons, suffered a severe traumatic brain injury and spent almost six months in hospital. It is said he now needs constant supervision and suffers from fatigue, memory loss, and lack of concentration.
In a High Court writ, barrister Simon Brindle said that “the pothole represented a dangerous hazard in the road and rendered it substantially out of repair,” and that it should have been identified through regular inspections.
He continued: “The claimant has suffered a severe traumatic brain injury and he no longer has the capacity to manage his own affairs.
“He continues to suffer from fatigue, poor memory and concentration and significant difficulties with taking on new information and planning … he now effectively is completely dependent upon his wife and requires constant supervision.”
The writ goes on to say that due to a “real risk” that his condition will worsen, the amount of the claim could exceed £300,000.
The Evening Standard reports that details of TfL’s defence are not yet available and that the case has not yet gone to court.