Injured Chepstow cyclist sues driver for £300,000 over crash

Dan Black, 24, of Llanvair Discoed, is seeking unlimited damages from Patrick Barrett for the injuries he sustained in the crash in 2009.

In his claim, issued by Matthew Tuff of solicitors Harris Cartier, Mr Black, of Courthouse Road, blames Mr Barrett, of Buttington Road, Sedbury, for the accident and is seeking compensation for his injuries.

Mr Black was set for a career in the army but was left in a coma after a collision on the A48 on December 2, 2009.

Mr Black was cycling to work at the Chepstow Tesco, where he worked on the fish counter, when he was involved in a crash which broke his back, damaged his spleen and kidney, broke two ribs, his collar bone and fractured his skull.

An artery was also pulled from his neck, causing him to have a stroke.

The claim says Mr Black is seeking damages “exceeeding £300,000 in total”.

The details of his claim say Mr Barrett failed to keep a proper lookout, failed to see the claimant, failed to give precedence to Mr Black on his bicycle, failed to stop in the filter lane and check his path was clear to turn right, executed a right turn when it was unsafe to do so, drove into the path of Mr Black, causing the collision and, having turned right, braked and stopped in the path of Mr Black.

His back injury left him paralysed below the chest, while the stroke left him with limited feeling on the right hand side of his body.

Mr Black was in an induced coma for five weeks – initially in the Royal Gwent but later in the University of Wales Hospital, Cardiff. He was later moved to Rookwood Hospital, a rehabilitation centre in Cardiff.

Mr Black was due to start training with the army less than three months after the crash and wanted to join the 1st Battalion the Rifles, Beachley.

His parents, Michaela and Richard, gave up work following the crash and the family moved house to Llanfair Discoed to a house they could adapt for Mr Black as the former family home in Mathern was not big enough for the facilities Mr Black needs.

Following the crash, family and friends launched a fundraising appeal to pay for future specialist medical treatments. They have raised more than £25,000.

A Gwent Police spokesman said no arrests were made in connection with this incident.

The South Wales Argus made attempts to contact Mr Barratt, but they were unsuccessful.

Motorist claims rider was negligent

IN HIS defence to the claim, Mr Barrett admits “the accident was in part caused by the negligent driving of the defendant in that he attempted to turn right across the path of the claimaint’s bicycle”.

Mr Barrett is alleging the accident was caused in part by the negligence of Mr Black.

He says the cyclict failed to keep a proper lookout, failed to heed the presence of his car, rode his bike at excessive speeds in the circumstances, failed to stop, steer, swerve or otherwise manoevre his bicycle to avoid the collision, collided with his vehicle, which had stopped prior to impact, rode his bike in hours of darkness without displaying any or any adequate lights, failed to wear reflective clothing or apply reflective strips to his bicycle and was wearing dark clothing at the time.

Mr Barrett also contends Mr Black failed in the premises to take any or any sufficient care for his own safety and caused or contributed to his head/brain injury by reason of his negligent failure to wear a cycle helmet.

Family ‘lost everything’

THE mother of Dan Black says the family – left penniless after his ordeal – is suing in the hope he can lead a normal life as possible.

Mrs Black, 43, said the cash would be used for his future care while herself and Mr Black’s father Richard are in financial difficulties.

Although Mr Barratt’s insurance company purchased and helped adapt a house for Dan in Llanfair Discoed, Mrs Black said her and her husband’s phones have been cut off and their family home in Mathern is being repossessed.

Although the insurance company paid for an adapted van, they cannot afford the petrol for it.

Mrs Black said that both her and her husband lost their jobs as a result of looking after Dan and nowcannot work.

Their son needs 24-hour care and a number of items of specialist equipment, including wheelchairs to help his treatment and to help him get around, she said.

“The money would be used for his future care, to improve his lifestyle and to get him back to doing the things that he used to do before the accident,” she said.

“At the moment 24-hour care is being provided by myself and my husband. He needs a carer here, but at the moment we can’t afford it. We have lost everything.”

Dan Black said his life has been turned upside down since the accident.

“I can’t do anything that I used to want to do. My day-to-day life is boring. I have nothing to do. I can’t afford to go out to places and do anything. I just sit around and watch TV,” he added.

The Crown Prosecution Service confirmed it had received a complaint in relation to the case.

A spokesman said it is being handled in accordance with the CPS complaints procedure. It is understood the complaint has come from the Black family.