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A cyclist will soon learn whether a compensation claim for a road traffic accident will be successful after the matter is to be decided by appeal court judges. The claimant, Tobias Phethean-Hubble, was 16 years of age when he was knocked off his bicycle in an accident in 2005. Now aged 21, the matter has yet to be decided. Phethean-Hubble sustained serious injuries in the accident and is now confined to a wheelchair. With the help of his mother, he has launched a legal case against the motorist’s insurance company and they will seek a seven figure sum. This amount will cover the cost of his current care and also his future care. His mother was quoted as saying “He is aware of what’s been taken away from him” Earlier this year, Mr Phethean-Hubble was given the go ahead to pursue compensation claims for injuries after Judge David Wilcox deemed that driver Sam Coles was two-thirds responsible for the accident. The judge ruled that Mr Coles had been exceeding the speed limit whilst driving in a 30mph zone and this excess speed had prevented him from being able to react to the presence of Mr Phethean-Hubble and his bicycle. The judge, however, did add that some blame must lie with the cyclist as he was moving from pavement to pavement with a broken rear light. Mr Cole’s insurers have taken the case to the London Appeal Court and will challenge the ruling on the basis that it went against expert evidence.
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