Archive for the ‘Personal Injury’ Category

Janet Watson’s Cycling Blog

Friday, April 20th, 2012

cycling in the rain

Mycycling blog

On Wednesday morning 18/04/12  I set off to join the U3A Sociable Cycling  ride which had been planned along part of the Calder Valley Greenway. We had been looking forward to the ride which had been postponed before due to an unseasonal fall of snow, but unfortunately on Wednesday, the day dawned wet and miserable. With glass half full enthusiasm we decided to risk it in the hope that the weather would clear up as has happened before. It didn’t and we got very wet.

The Calder Valley Greenway is a signed mainly traffic free 14 km/9 mile route between Huddersfield and Dewsbury town centres. It has been developed by Kirklees council  in partnership with others to promote the district as a beacon for green living. It is part of a planned network of greenspaces used for recreation, sustainable transport, wildlife habitat and flood storage capacity. It aims to connect people and local communities with places of work leisure and other centres along the Greenway and other paths. It is partly lottery funded. A leaflet has been produced in corporation with Sustrans and the National Cycle Network and can be found at www.sustrans.org.uk/assetts/files/leaflets/calder-valley

Much of the route is surprisingly rural passing through a pleasant wooded and agricultural landscape. It is undulating in parts but mainly flat and smooth.

We rode part of the way  along the Calder Hebble canal which we joined just after Mirfield.  This was a very pretty part of the route, if a little bumpy but when we got to the other end found that we should not have been cycling along there at all as we left the towpath there was a “no cycling” sign fixed to the gate. It is strange that some parts of the canal network allow cyclists and positively welcome them and others forbid it.

I decided to research this for this blog and logged onto the British Waterways site known as Waterscape. Apparently before cycling on towpaths owned by British Waterways you will need to obtain a free cycle permit as the towpath is not a public right of way and technically you can be banned from it if you misbehave! However for some reason you are not required to hold a cycle permit in Scotland or London.  I am now the proud owner of a downloaded free cycle permit and have agreed to abide by the Towpath Code of Conduct which basically requires you to cycle safely. There are apparently some sections of the towpath which are closed to cyclists and there is a great deal of confusion as in some areas you will see a sign saying the cycle path ends and then another clearly showing that you are permitted. I recall that last summer our cycling group was told off and no doubt earned the reputation of saga louts, for cycling along the promenade at Grange over sands, although that is clearly marked as a cycling network route.

We than rode along part of the Spen valley cycleway along route 66. Route 66 offers walkers and cyclists a traffic free easy going route through the outstanding scenery of the Calder Valley.

A warm welcome was found at the Leggers pub in the Dewsbury basin a traditional pub with a good range of beers and simple cheap pub food. The bar staff did not worry about us dripping all over the floor and there was a wood burning stove to steam in front of and to attempt to dry off sopping gloves and hats.  After a very pleasant hour or so and a comment that we had better get going before it stopped raining to spoil our fun,  we were out in the cold and wet again. Cycling through Dewsbury town centre to join the cycleway towards Mirfield and onwards in the driving rain back to Huddersfield.

It is important when cycling on wet and dismal days to wear fluorescent clothing. A cyclist should ride with confidence and make sure that drivers see you. Drivers are often looking for cars and trucks not cyclists. The brighter your clothing the more visible you are. At night and in poor light it is better to wear reflective clothing and lights should be fitted to the bike. Low visibility of cyclists is a major contributor to crash related injury. Cyclists wearing fluorescent clothing at night may be at particular risk if they incorrectly believe themselves to be conspicuous to drivers in the dark. The danger is ofcourse that if you think you can easily be seen you might make decisions that you would not be making if you knew that you were hard to see,  putting yourself in a hazardous situation.

I have acted for cyclists who were knocked from their bikes whilst riding in poor light sometimes they are partly at fault because they simply are not visible enough and this can contribute to the accident.  In cases such as these the courts can reduce a valid claim for damages on the grounds of contributory negligence. It is important therefore to stay safe and be seen. And preferably dry!

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Cycling blog; Janet Watson

Wednesday, April 11th, 2012
U3A cycling group

the U3A cycling group in action

Recently,  I joined my local U3A cycling group aka Sociable Cycling for the start of our cycling season.

 We meet up once a week on a Wednesday (I am lucky enough to work part time) as soon as the clocks gain an hour until they lose it again, and cycle a pre planned route taking us along country lanes, cycle tracks, sometimes along busy roads and occasionally through towns. We see many interesting sights along the way and ride through some truly spectacular countryside. We also enjoy a sociable lunch break at the sort of pubs or cafes you would recommend to others and look forward to revisiting.

Our first Spring ride on Wednesday 28th March was met with unseasonably warm and sunny weather, this adding to the enjoyment of being out in the fresh air. The ride by most serious cyclists’ standards was not a long one and mainly flat. About 20 miles along the canal from Southowram to Hebden Bridge with a short detour through Sowerby Bridge and  past Mythomroyd station. This was our warming up ride and they would become increasingly more challenging as the weeks passed.

There were 11 of us all over 50 years old, a few over 70! some having taken up cycling again in their Autumn years, some having cycled competitively all their lives and wanting at this stage to slow down a bit. We are all concerned about safety and aim to cycle with consideration to other road users, making sure that we remain focussed and using the  trademark call of the cyclist “car up (your bottom”) (there is a car approaching from the rear) or “car down (your throat”)( A car is coming towards us),  whenever we need to change from riding double breasted to single file.

 Most of the time we find that motor vehicles are appreciative of this and usually give us a wide berth. There has however recently been several serious accidents between cyclists and motor vehicles which has prompted an increased awareness that unfortunately accidents are far too common.

It is a good idea to have insurance for those occasions when accidents do happen. A lot of cyclists unfortunately are not insured and if you are injured or you injure someone else this could prove costly. You do not need to use the insurer’s panel solicitor if you need to make a claim against a third party, you can always have the choice of contacting your own local legal advisor. When riding in a group the group leader needs to be protected against claims from the general public or even members of the group.

Although the canal tow path does not carry the hazards of busy roads it has its own problems. Sometimes it can be quite muddy and care should be taken that you look where you are going or you could be sliding your way towards the water. Quite obvious really but when you are cycling along enjoying the scenery it is sometimes easy to forget that the bike is not driving itself! One of our group out on his first ride was so enthralled with the view that he found himself with his front wheel dangling over the canal before he woke up to the fact!

 A bicycle bell is an essential piece of equipment and it is recommended that you should ring your bell twice when coming up behind walkers or slower cyclers. You may not realise it unless you have walked along a canal tow path but bikes are almost silent as they travel along and I have seen many a walker be taken by surprise, by a cyclist whipping past, and overbalancing, on one occasion with arms flailing ending up in the canal..

Care should also be taken when cycling through a canal tunnel particularly if there is a bend in the route. If you do not ring your bell as you hurtle into the darkness you can be surprised by another cyclist coming the other way, as in fact one or our group found a few years ago. He and his bike ended up in the canal.

At this time of the year the canal is extremely cold and add this to the indignity of having to cycle home dripping wet with weed and mud hanging from your recently fettled  Cannondale road bike does not make for a pleasant day out. That is not to forget or underplay the risk of drowning.

One of the canal maintenance crew said to us the other day “Please don’t fall in as I’ll have to fill in a lot of paperwork”

Take care also of nesting birds on the sides of the tow path especially the swans as they can be quite vicious at this time of year as a kayaker paddling on the Grand Union Canal in Northamptonshire found out the other day. A swan can apparently break a man’s arm but in any event you don’t want a bird standing at 4 ft with an 8ft wingspan landing on your head and bringing you off your bike.

The brightly painted barges resting along the canal signalled that we had arrived at Hebden Bridge. Cycling past Marge’s Barge and over the bridge a little further along the tow path brought us to the Stubbins Wharfe public house which fortunately had tables outside on the canal side. The Stubbins Wharfe is a traditional family and dog friendly pub on the west side of Hebden Bridge famous for their fantastic food and extensive range of traditional ales beers and ciders. Consequently we passed a very pleasant hour sitting in the sunshine with a drink and a variety of bar meals, sandwiches, panninis and baquettes with an extensive choice of fillings, smoked salmon and dill mayonnaise, bacon brie and cranberry, and mozzarella pesto and tomato to name but a few,  accompanied by fat chips and a dressed side salad.

We had planned to cycle back to Southowram via the village of Sowerby on the hillside but the thought of the extremely steep road up there put us off after such a pleasant lunch so we opted to cycle back though the park at Hebden Bridge where we saw some young men attempting tightrope walking on a tape strung between two trees. (did they do a risk assessment that’s what I wanted to know!) and back along the canal  at a leisurely pace. (Next week will be a lot harder I am sure!)

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Cycling Accidents – time to stop the deaths

Thursday, April 5th, 2012

Ridley & Hall Solicitors Huddersfield cycling accidentsThe death of Andrew Ridsdale, a 43 year old cyclist from Mirfield on 18th March is the latest in a series of cycling fatalities this year. 13 people have lost their lives since January and many more have been seriously injured, like Mary Bowers, 27, a news reporter at The Times. On Friday, 4 November 2011, she was knocked off her bicycle by an HGV whilst cycling to work in London and remains seriously ill.

Mary’s injuries inspired The Times’s “Cities fit for cycling” campaign which is expected to be approved by Leeds City Council this week.  The newspaper has presented an 8 point manifesto for our cities to be made fit for cyclists:

  1. Lorries entering city centres should be required by law to fit sensors, audible turning alarms, extra mirrors and safety bars to stop cyclists being thrown under the wheels.
  2. The 500 most dangerous road junctions must be identified redesigned or fitted with priority traffic lights for cyclists and Trixi mirrors that allow lorry drivers to see cyclists on their near side.
  3. A national audit cycling should be set up to find out how many people cycle and how they are killed or injured should be held to underpin effective cycle safety
  4. The Highways Agency should earmark 2% of its budget for next generation cycle routes providing £100 million a year towards world-class cycling infrastructure. Cities should be graded on the quality of cycling provision.
  5. The training of cyclists and drivers must improve and cycle safety should become a core part of the driving test
  6. The default speed limit in residential areas where there are no cycle lanes should be  20 mph
  7. Businesses should be invited to sponsor cycleways and cycling super-highways, mirroring the Barclays backed bicycle hire scheme in London.
  8. Every city, even those without an elected mayor should appoint a cycling commissioner to push home reforms

Personal injury lawyer Janet Watson, a keen social cyclist is a supporter of the campaign:

“Cycling accidents are now at a worrying level.  A combination of more cars on the road, and an increase in the popularity of cycling is causing a crisis situation. “

She goes on to say “ I deal with many claims for cyclists who have been injured and am appalled by the lack of care shown by drivers towards the often vulnerable cyclist.  It is quite common for drivers to come straight out of side roads into the path of a cyclist.”

Janet admits “Cyclists are not always without fault and sometimes wobble around the road oblivious of the other road users, ride along the pavement, skip red lights and dart up one way streets.  I think that it’s vital that the training of cyclists and drivers must improve and cycle safety should become a core part of the driving test.”

Martin Gibbs, Policy and Legal affairs director of British Cycling wants to encourage people to cycle  “It is difficult to promote safer cycling if people have been hearing how dangerous it is.“

Janet agrees:  “the more people cycle , the safer it becomes. The benefits to the environment, the economy and to health are tremendous. As a cyclist and a member of a University of the 3rd age cycling group I can see first hand the benefits of spending time in the saddle.”

On 21st March George Osborne confirmed that Transport for London will receive £15 million to improve cycle safety at junctions across London. It’s a start – but the campaign, with the hashtag #cyclesafe on the social media platform Twitter needs to continue to ensure that the rest of the UK is not forgotten.

Janet Watson is a senior legal executive with Ridley and Hall solicitors in Huddersfield. For free, friendly advice on accident claims she can be contacted on 01484 538421 or by visiting www.ridleyandhall.co.uk

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Cities fit for cycling campaign

Tuesday, February 28th, 2012

Ridley & Hall Solicitors Huddersfield Cycling accidentsThe Times campaign for safer cycling in our cities was instigated by a tragedy which occured when one of their young reporters was hit by an HGV whilst cycling to work. Thousands of cyclists, MPs, councillors, business people and celebrities have pledged support and the matter has been debated in the House of Commons. From tragedy there is a real excitement that something can be done about a problem which has been with us for some time and has grown to a worrying level. However this will not be achieved without the Government’s commitment to building a world class cycle infrastructure for Britain and this will take time and a lot of money.

In the meantime both drivers and cyclists have a duty to take care. As a personal injury lawyer I deal with a lot of injured cyclists and am often appalled by the way the accident has occurred, when it could easily be avoided.  It is quite common for drivers to come straight out of side roads into the path of a cyclist as they were looking only for motor vehicles. Some cyclists travel quite fast and it is important to be vigilant and the adage “think bike” should not just apply to motorcycles.

I have dealt with another case where  the car was simply travelling too fast for the conditions. It slammed into the rear of a cyclist, propelling him into the air in an arc, crashing down onto the bonnet and hitting the ground at speed. Cyclists have been pushed into hedges or walls by road rage drivers stuck behind a slow rider  - and on one occasion a motorist knocked a cyclist from his bike and then ran over his foot as he lay on the ground. Unfortunately none of the proposed schemes for making our cities safer for cyclists will help in these types of accidents or where there is inconsideration to other road users.

Cyclists are not always without fault and sometimes wobble around the road oblivious of the other road users, ride along the pavement, skip red lights and dart up one way streets.  I agree with the Times suggestion that the training of cyclists and drivers must improve and cycle safety should become a core part of the driving test.

Another proposal is that the Highways agency should earmark 2% of its budget for next generation cycle routes towards building a world class cycling infrastructure with facilities and cycle lanes which would encourage large numbers of drivers to leave the car at home and ride to work. However, as Martin Gibbs from British cycling stated recently “It is difficult to promote safer cycling if people have been hearing how dangerous it is “  Being a pedestrian is also very dangerous but this does not usually stop people going out. It is generally thought that the more people cycle the safer it becomes.

It must be good that more and more people are cycling. The benefits to the  environment, the economy and to health are tremendous. As a cyclist myself  being a member of a University of the 3rd age cycling group I can see first hand the benefits of spending time in the saddle and as one cyclist  put it “If cycling were discovered today, it would be a cure”

We must all hope that the Times campaign is successful in the long term and when all the enthusiasm has died down we should continue to support its aims until they are achieved.

Janet Watson, Legal Executive – Ridley and Hall Solicitors. For further information, please visit www.ridleyandhall.co.uk or call 01484 538421

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Motorcycling lawyer motors into growing firm

Monday, April 11th, 2011

Ridley & Hall Solicitors HuddersfieldLocal Solicitor Kevin Ludgate, a former British motorcycling champion, has joined Ridley & Hall.

Commenting Mr Ludgate said “I have always practiced as a solicitor in Huddersfield, working for other firms before forming Ludgates in 2000. This later became Ludgate Morrell and has been a firm favourite of local residents for their house moves for over a decade.

For more than 20 years I have specialised in providing plain speaking face to face legal advice in conveyancing and wills & probate.

I am delighted to be joining Ridley & Hall as a partner. They have a long established reputation in conveyancing and they really understand the needs of local people. Buying a house is one of the biggest decisions a family can make and I want to make sure that whether the family is buying or selling they are getting the best advice.

I am very pleased that I will continue to be assisted by Liz Wallis, a Licensed Conveyancer.  Together we have acted in an impressive 5,000 plus house moves during the last decade alone.  “

As to his past life in motorcycling, he said “Now that I am married with two children and approaching half a century, my passion for motorcycles is restricted to fair weather days when the temperature is above 20 degrees!”

Solicitor Kevin Ludgate former British Motorcycling Champion joins Ridley & Hall Solicitors Huddersfield

Sarah Young, Managing Partner said “I am delighted to welcome Kevin as a partner.  He has an excellent reputation in Huddersfield, gaining all of his work by recommendation.  I believe that by strengthening our property team we can offer an even better all round service to our clients.  Although we act for clients all around the country our heart will always be in Huddersfield.

We may be the firm in Huddersfield and West Yorkshire for bikers -Kevin is joining another motorcycling solicitor at Ridley & Hall. Michael George, whose firm merged with Ridley & Hall last year, has his own “big bike” and is a real enthusiast!”

At the same time, Ridley and Hall have promoted solicitor Julie Devenport who specialises in commercial property law, to Associate Solicitor in recognition of her experience and ability. She said “It’s been tough for business owners in recent years – I aim to offer practical, personal advice to my clients to help them weather the problems they face.”

Ridley & Hall has become a local firm with a national presence having succeeded in winning a number of ground breaking cases nationally in recent years in community care, judicial review and kinship care law.  The firm has won Yorkshire Lawyer specialist law firm of the year awards in 2006 and 2008 as well as many other awards and commendations.

For further information, please visit www.ridleyandhall.co.uk

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Welcome to the Huddersfield Solicitors Blog

Wednesday, February 24th, 2010

Blogs, news, opinion and comment from lawyers and solicitors in Huddersfield from www.yorkshirelawyer.co.uk , the local legal directory.

If you need to find a solicitor in Huddersfield, use our solicitor search at www.yorkshirelawyer.co.uk or alternatively bookmark and use the Local Legal Directories application on Facebook.

You can also receive legal updates by becoming a fan of Yorkshire Lawyer on Facebook and by following yorkslawyercouk on Twitter and Huddersfield Solicitors on Twitter.

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Husband Angry About Local Care Home Neglect

Tuesday, December 22nd, 2009

Ridley and Hall, Huddersfield, Solicitors, Care Homes, Sarah YoungA husband has won damages for his wife over the care she received at a private care home.

Aden House Ltd, which operates Aden House Care home in Clayton West agreed an out of court settlement with Sheila Maddison’s husband, Ken.

Sheila Maddison, 73, suffers from Multiple Sclerosis. She is doubly incontinent, and cannot swallow or do anything for herself. Ken had been his wife’s carer for 37 years when he suddenly collapsed at home on 6th October 2008. He had been feeling unwell but had put off seeking treatment, knowing that Sheila would have to go into a care home if he were hospitalised.

Mr Maddison explains: “I was taken to hospital for emergency surgery and my wife was admitted to Aden House. Her social worker and district nurse made sure that her medical notes and care plan were taken with her. During her 9 days at the home Sheila’s condition, which had been stable, deteriorated badly. On 15th October, when I went to see her, I found her in her room, saturated in urine. Her catheter had been removed and the catheter site was sore, bleeding and had pus oozing from it. The next day when I went to collect her from the home, I found her slumped in a wheelchair just inside the main door of the building, alone. Later on, at home, the district nurse found an abscess behind Sheila’s knee. After being re – catheterised enormous quantities of retained urine were drained; my wife must have been in terrible discomfort. It took myself and a team of district nurses six months to repair the damage.

I did not take this action for financial gain, but to highlight the total lack of safe care either in care homes or NHS hospitals, for people who can do nothing for themselves. I know of many carers throughout the country who find it necessary to spend all day in care homes or hospital wards still caring for their loved ones as they would at home.

Sheila and I would like to thank Sarah for taking on our case when nobody else would”.

Mr Maddison, on his wife’s behalf accepted an out of court settlement of £1,500 from Aden House’s insurers.

Sarah Young, solicitor for the couple, of Ridley and Hall comments: “it seems clear that the staff had no idea about looking after a resident with severe MS. One has to hope that this was a rare occurrence and that Aden House has learned a lesson from this case so that staff at this home now have the necessary skills to care for the most vulnerable people”.

For further information please contact Sarah Young on 01484 538421 Mob 07860 165850 or email sarah.young@ridleyandhall.co.uk
Sarah Young is Managing Partner of Ridley and Hall. She specialises in personal injury and contentious probate.

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Doncaster Council – Serious Case Review

Friday, December 4th, 2009

Ridley & Hall, Sarah Young, Press Release

PRESS RELEASE
Warren Jobling
4th December 2009

This morning the Serious Case Review (SCR) into the death of 7 year old Warren Jobling was published by Doncaster’s Safeguarding Board. Warren although profoundly disabled, was the bright, bubbly much loved son of devoted parents, Andrea and Ian. Doncaster’s ‘Care to Share’ scheme enabled the family to benefit from respite care, one weekend a month. This was provided by a Council trained and supervised carer at her home. Warren died during a weekend respite stay on 12th April 2008.

Warren is one of the 7 children whose deaths are being investigated by Doncaster Council’s Serious Case Reviews, following the “chaotic and dangerous” situation identified within Social Services.

Warren’s parents remain devastated at the loss of their son. Andrea and Ian still visit his grave 3 times a day, Andrea said “I can’t spend as long there now in the cold weather, but I still light a candle on his grave every evening” . He had a rare condition, Baraitser Winter Syndrome and is only the second person in the country with this condition and the eleventh person worldwide. The Syndrome, like Down’s syndrome, covers a variety of symptoms that must all be present for the diagnosis but may vary significantly in severity between individuals.

Andrea’s solicitor, Sarah Young of Ridley and Hall Solicitors in Huddersfield comments

” Warren’s life expectancy was uncertain, but it is not accepted by the family that ‘the medical view is unequivocally that Warren died of natural causes’ as claimed in the SCR. ”

Andrea is convinced that his death was caused by the negligence of Warren’s carer and there are separate legal proceedings, which will include obtaining medical evidence, which cannot be commented upon at present.

Warren’s death certificate states the cause of death as:

  • Acute ventilatory failure
  • Baraitser Winter syndrome
  • Severe global developmental delay
  • Epilepsy.

No post-mortem was carried out after his death.

In relation to the SCR Andrea and Ian are disappointed at the significant delay from the commissioning of the report in October 2008 to its publication today. They appreciate that the report is not an enquiry into how Warren died or who is culpable, but obviously its publication cannot fail to bring their grief and anger back to the surface again.

The family agrees with the criticism that there was “inadequate monitoring of the service being delivered”. Andrea was devastated to find out that the carer’s social worker could not speak to her after Warren’s death ; “I had no idea that he was the carer’s social worker until he said that he had to support her and couldn’t talk to me anymore. I thought he was a manager. He approved the informal arrangements that we had and I had no reason to think that this was a problem. I felt really cut adrift after Warren’s death.”

One of the most significant proposed changes is that the same standards should apply for children in respite care as those in mainstream foster care. Had this measure been in place when Warren was alive he would have had his own keyworker – who may have taken a more rigorous approach to checking up on his carer than the carer’s own social worker. The carer was recommended for deregistration in September 2008 for failure to comply with agreed procedures.

More widely, the report seems to identify a widespread historic confusion of roles within Doncaster Council that needs to be addressed. Andrea was distressed to receive a letter from the independent author, commissioned to prepare the SCR, on Doncaster Council headed notepaper. The impartiality of independent authors needs to be seen to be a reality. The reorganisation of children’s services in Doncaster is rightly now a priority for the Council.

Andrea’s assessment of the report :“I was shocked at the number of recommendations for changes in the report – but at the same time, I have to be glad that lessons have been learned which may help to protect other children in the future. I must stress that I personally have no criticism of Warren’s school, despite the number of recommendations in the report. I believe that had the other recommendations been in place when Warren was alive, he might still have been with us now. ”

Andrea and Ian still have many unanswered questions and their grief is too raw for them to want to comment further at this time. They hope that the ongoing legal proceedings may in time enable them to reach a sense of peace – for now, they remain in limbo.

For further information please contact Sarah Young on 01484 538421 Mob 07860 165850.

Sarah Young is Managing Partner of Ridley and Hall. She specialises in personal injury. Sarah has an LLM in Personal Injury Law and is a specialist in claims involving head injury. She has a record of bringing the most complex cases to a successful conclusion.

Sarah Young, Ridley & Hall

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