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Injured cyclist’s £200k payout

9:52am Friday 30th May 2008

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A CYCLIST who suffered horrific injuries after he was hit by a 40-tonne motorway sweeper has finally been awarded more than £200,000 in compensation.

Dr Glyn Powell was cycling home from his job as a control operator at Eggborough Power Station, near Selby, when the heavy vehicle hit him from behind.

The sweeper buckled his bike and its wing mirror hit Dr Powell in the back of the head, putting a gash in his skull and triggering bleeding in his brain.

He suffered a stroke and was left paralysed. Now, two-and-a-half years later, he has regained some mobility and has won almost a quarter of a million pounds in an out-of-court settlement with sweeper operator RK and CE Smallwood, of Sutton-on-Derwent, near York.

"Obviously the money won't bring back my mobility," said the 58-year-old, who is now able to walk with pauses every few minutes.

"I've always been fit and active and I've lost that, so no amount of money would be adequate to compensate me for that, but in terms of my head being better and given my financial situation, I'm quite happy with it."

Dr Powell, who had been making the one-mile trip to and from the power station from his Kellington home since starting at the plant more than ten years ago, was cycling along the A19 at about 4.30pm one afternoon in November 2005. He was just about to turn into Raoll Lane when the accident happened.

"I was about to turn down there when I was hit on the back of the head," he said. "The side mirror hit me - I had the impression of a mirror on the back of my head for about two months afterwards, and a hole in my head.

Fortunately, help was at hand. "A passing doctor stopped and tended to me," Dr Powell said.

"Apparently I was jumping up, trying to whack everyone, because I thought someone had hit me. All I can recall was a thump. I was covered in blood."

He was wearing a fluorescent jacket at the time and his bike was fitted with three red back lights and two white front lights. He was taken to Doncaster Royal Infirmary and spent ten days in intensive care.

He spent several months there and in the stroke centre at the town's Kirkhill Road Hospital.

Dr Powell, who trained as a chemical engineer and spent most of his working life in the industry, said he was only able to afford the legal action thanks to his trade union, Unite, which employed personal injury specialists Thompsons Solicitors, even though the accident did not happen in the workplace. The staunch trade unionist said: "I think the case illustrates the value of working people being trade union members, because without that it's doubtful I would have been able to meet the costs."

He also praised his employer. Despite having to retire from the plant last month due to ill-health, he said: "I've got nothing but praise for British Energy. I wish all my employers had been that caring."

A spokesman for RK and CE Smallwood declined to comment, saying only that he was very sorry about the accident.


Your Say YourYork Press

petethefeet, York says...
10:19am Fri 30 May 08

Anybody got any figures for the number of pedestrians been hit by the extended wing-mirrors of First-York buses? I've seen it happen once. At the edge of the pavement, I reckon anybody over 6 foot is at risk.

GoodramgateTerrier, York says...
10:42am Fri 30 May 08

petethefeet wrote:
Anybody got any figures for the number of pedestrians been hit by the extended wing-mirrors of First-York buses? I've seen it happen once. At the edge of the pavement, I reckon anybody over 6 foot is at risk.
I've had to duck a couple of times when they come swinging round the corners too close to(and indeed sometimes mounting) the pavement, I'm 6'1 and have had a few close misses, particularly when on my bike when the bus is coming up behind.


akuma, everywhere says...
10:47am Fri 30 May 08

was cycling along the A19 at about 4.30pm


Well done to this bloke, having your mobility taken away after being usualy fit must be awful.

One thing I do wonder though, I thought cyclist weren't allowed to ride on A, B or M roads.

The reason I say this is I've seen loads of cyclists stop riding up the A1237 as they are not supposed to be cycling on the road there.

Tom2, York says...
11:09am Fri 30 May 08

I see comments aren't open regarding the taxi driver who is being allowed to continue driving despite having 12 points. I'm sorry Mr Cocking's son is ill, but it's no excuse - particularly as he, a professional driver, was already on 9 points. Mr Cocking should have pulled over to answer his mobile, let it go to voice-mail or invested in a hands-free system like other taxi drivers do. His actions were selfish and put others at risk of ending up like poor Dr Powell who I hope continues to make good his recovery.

GoodramgateTerrier, York says...
11:11am Fri 30 May 08

It's not illegal as such to ride on A and B roads, think it is on M's but the main thing is the bike has to be road worthy i.e. has working brakes. Interestingly (or not depending on how bored you are today, an I'm very bored) a copper can stop you at any time to check you bike is road worthy according to the ctc website. Sure Mr Hepworth could confirm that though when he is about later, he seems to be the guru of all things cycle on here these days.

petethefeet, York says...
11:19am Fri 30 May 08

cyclists can ride on all roads except motorways. Whether or not it's a good idea is another matter. Those of you old enough to remember a series of roundabouts on the A1 will remember local cycling clubs using it for time trials. The advantage was the slip-stream from juggernauts. Absolute madness!
But this doesn't apply in this case.

root-two, York says...
11:31am Fri 30 May 08

One thing I do wonder though, I thought cyclist weren't allowed to ride on A, B or M roads.

You thought wrong - cyclists can use any road (and bridleway) except motorways and any roads which have a signed probition. The only part of the A19 closed to cyclists is the area around the Tees flyover.

The reason I say this is I've seen loads of cyclists stop riding up the A1237 as they are not supposed to be cycling on the road there.

Wrong again. It's perfectly legal to cycle along the A1237. Not particularly clever, I'll grant you, but still legal.

Stevie in Selby, Selby says...
12:23pm Fri 30 May 08

akuma wrote:
was cycling along the A19 at about 4.30pm
Well done to this bloke, having your mobility taken away after being usualy fit must be awful. One thing I do wonder though, I thought cyclist weren't allowed to ride on A, B or M roads. The reason I say this is I've seen loads of cyclists stop riding up the A1237 as they are not supposed to be cycling on the road there.
Cyclists are not allowed to ride on motorways, or a handful of other roads where it is specifically banned (some bridges and tunnels). There is no prohibition on cycling on A- or B-roads ... that would make it pretty near impossible to get anywhere by bike! The numerous cycle route signs on many A- and B- roads around the place should have given you a clue...

When I lived in Haxby I often cycled on the ring road. It wasn't particularly pleasant with so much traffic but I never felt in any danger from it.

There are very few roads that are "too dangerous" for cyclists, and the A1237 certainly is not one of them!

Hieronymous, York says...
12:42pm Fri 30 May 08

In some American states it is the custom (though not, I suspect, the law) for cyclists to ride AGAINST the traffic flow, much as pedestrians are encouraged to walk here when no pavement is available. I've always considered this a very good idea and have in fact done it in the US. We might find roundabouts a little problematic, but I believe they're virtually unknown over there. Anyway, we'd certainly see those wing-mirrors coming!

AdmiralN, York Centre says...
12:54pm Fri 30 May 08

to be road worthy i.e. has working brakes.


For a bicycle to be deemed road worthy it only has to have a working front brake

Paul Hepworth, York says...
12:57pm Fri 30 May 08

Cyclists may also consider membership of their national advocacy body the CTC. Like the AA and RAC, this offers free legal aid and third party insurance. You don't need to be a racing or mountain biker to join. The CTC solicitors have recovered some spectacular compensation sums for injured members and vigorously represented their interests in court proceedings. Details at www.ctc.org.uk or visit York Cycle Show at the Racecourse on June 21st/22nd.

jim, york says...
1:13pm Fri 30 May 08

AdmiralN wrote:
to be road worthy i.e. has working brakes.
For a bicycle to be deemed road worthy it only has to have a working front brake
A pedal operated road legal bicycle must have two independant front and rear braking systems. Only one brake mechanism is permitted if the bicycle is not equiped with a freewheel because the fixed wheel drive is counted as a braking system.

Stelvio, YO1 says...
1:21pm Fri 30 May 08

I commute from North of York - I avoid the A1237 and A19 like the plague. Cases like this just reinforce my feelings that riding on these roads just isn't worth it.

root-two, York says...
1:22pm Fri 30 May 08

For a bicycle to be deemed road worthy it only has to have a working front brake

Wrong.
A roadworthy cycle needs to have two independent braking systems. In most cases this will be the 'standard' front and rear brakes we all know and love. However if, like me, you ride a fixed gear machine then the fixed wheel counts as a braking system, at least from a legal standpoint, in which case only a 'proper' front brake is required.

Ranker, York says...
1:30pm Fri 30 May 08

Cycling on the northern bypass is much safer than cycling between Rowntrees and New Earswick

anonymous, york says...
2:38pm Fri 30 May 08

well i dont no if u realise this bus drivers are told they must give at least a 6 foot gap between the bus and a cyclist

lj, york says...
2:41pm Fri 30 May 08

Tom2 wrote:
I see comments aren't open regarding the taxi driver who is being allowed to continue driving despite having 12 points. I'm sorry Mr Cocking's son is ill, but it's no excuse - particularly as he, a professional driver, was already on 9 points. Mr Cocking should have pulled over to answer his mobile, let it go to voice-mail or invested in a hands-free system like other taxi drivers do. His actions were selfish and put others at risk of ending up like poor Dr Powell who I hope continues to make good his recovery.
I agree totally.

KarenWhite1978, Heslington says...
2:52pm Fri 30 May 08

Well said, and well censored by the York Press (re the taxi story). How did he get the other 9 points? Hardly a paragon of motoring virtue.


petethefeet, York says...
2:53pm Fri 30 May 08

anonymous wrote:
well i dont no if u realise this bus drivers are told they must give at least a 6 foot gap between the bus and a cyclist
ha-ha-ha-ha! This came out of a court case in the fifties. Lord, I wish it was enshrined in law, and not just the highway code, and then enforced.

root-two, York says...
3:32pm Fri 30 May 08

well i dont no if u realise this bus drivers are told they must give at least a 6 foot gap between the bus and a cyclist

Given the driving standards (or lack of) of your average First driver, the 6 foot gap is more likely to be *under* the bus.

Covering the wing mirrors of buses in yellow tape is all very well, but not many of us are blessed with eyes in the backs of our heads.

root-two, York says...
3:32pm Fri 30 May 08

well i dont no if u realise this bus drivers are told they must give at least a 6 foot gap between the bus and a cyclist

Given the driving standards (or lack of) of your average First driver, the 6 foot gap is more likely to be *under* the bus.

Covering the wing mirrors of buses in yellow tape is all very well, but not many of us are blessed with eyes in the backs of our heads.

root-two, York says...
3:33pm Fri 30 May 08

well i dont no if u realise this bus drivers are told they must give at least a 6 foot gap between the bus and a cyclist

Given the driving standards (or lack of) of your average First driver, the 6 foot gap is more likely to be *under* the bus.

Covering the wing mirrors of buses in yellow tape is all very well, but not many of us are blessed with eyes in the backs of our heads.

root-two, York says...
3:33pm Fri 30 May 08

well i dont no if u realise this bus drivers are told they must give at least a 6 foot gap between the bus and a cyclist

Given the driving standards (or lack of) of your average First driver, the 6 foot gap is more likely to be *under* the bus.

Covering the wing mirrors of buses in yellow tape is all very well, but not many of us are blessed with eyes in the backs of our heads.

oli4uk, York says...
3:39pm Fri 30 May 08

petethefeet wrote:
Anybody got any figures for the number of pedestrians been hit by the extended wing-mirrors of First-York buses? I've seen it happen once. At the edge of the pavement, I reckon anybody over 6 foot is at risk.
Im 6'5 and have had more than a few near misses. I was lucky I was facing traffic while walking down blossom street the other day since I had to duck to avoid getting my face smashed in by it.

This sounds more like the drivers fault in this story though, not the companies, why was he driving so unsafeley that he hit cyclist from behind?

AdmiralN, York Centre says...
4:09pm Fri 30 May 08

root-two wrote:
For a bicycle to be deemed road worthy it only has to have a working front brake
Wrong. A roadworthy cycle needs to have two independent braking systems. In most cases this will be the 'standard' front and rear brakes we all know and love. However if, like me, you ride a fixed gear machine then the fixed wheel counts as a braking system, at least from a legal standpoint, in which case only a 'proper' front brake is required.
I stand corrected, i thought that because when i got my fixed gear i was told that i needed to put a front brake to make it road legal. Still i got a lot of scrapes and bumps getting used to it :-)

never right, york says...
5:25pm Fri 30 May 08

40 tonne look again

larkin, leeds says...
7:23pm Fri 30 May 08

MAD MAD MAD how the heck does he get all this cash for a bike mishap when our lads are worse legs off lost mobility lost lives they get sod all when this fat **** gets 200k the worlds gone barking mad!!! I would object and get it u turned.

johngosdenfanclub, rawcliffe says...
7:49pm Fri 30 May 08

LIKE MOST JOBS, THERE ARE PEOPLE GOOD AND BAD AT THEIR JOBS. MOST FIRST DRIVERS HAVE HAD AND PASSED AN ADVANCED DRIVING COURSE. THERE ARE SOME VERY VERY NICE PEOPLE WHO WORK FOR FIRST,THE FIRST THING THE DRIVERS SAID ABOUT THE NEW BUSES WERE THE PROTRUDING WING MIRRORS WERE DANGEROUS! PEOPLE DO STAND TOO CLOSE TO THE EDGE OF THE PAVEMENT WHEN THEY KNOW A BUS IS COMING. PLEASE TRY TO AVOID BEING PERSONAL ABOUT MY FELLOW DRIVERS. THANKS

larkin, leeds says...
7:58pm Fri 30 May 08

IF 200K WONT BRING BACK HIS MOBILITY LETS SEE HIM GIVE IT AWAY BET HE WONT.
Mind it would buy him a trike!!

petethefeet, York says...
11:50pm Fri 30 May 08

johngosdenfanclub wrote:
LIKE MOST JOBS, THERE ARE PEOPLE GOOD AND BAD AT THEIR JOBS. MOST FIRST DRIVERS HAVE HAD AND PASSED AN ADVANCED DRIVING COURSE. THERE ARE SOME VERY VERY NICE PEOPLE WHO WORK FOR FIRST,THE FIRST THING THE DRIVERS SAID ABOUT THE NEW BUSES WERE THE PROTRUDING WING MIRRORS WERE DANGEROUS! PEOPLE DO STAND TOO CLOSE TO THE EDGE OF THE PAVEMENT WHEN THEY KNOW A BUS IS COMING. PLEASE TRY TO AVOID BEING PERSONAL ABOUT MY FELLOW DRIVERS. THANKS
Maybe. But you do have some nutters that shouldn't be allowed to drive sheep. I've had a row with one of these s0ds and his attitude was unbelievable. So, I'll reserve the right to abuse such cretins AND report him for his behaviour - which I did.
Oh.....and I'll send your comment to First and ask them why their drivers why think its the fault of the pedestrians who are actually standing ON the payment.

Lamplighter, says...
7:28am Sat 31 May 08

anonymous wrote:
well i dont no if u realise this bus drivers are told they must give at least a 6 foot gap between the bus and a cyclist
What? They don't have to drive behind you banging on their horn because the road is too narrow for them to pass? Well that's what happened to me on the road between Rowntrees and New Earswick. I was abslolutely mortified. It wasn't my fault that he couldn't pass me because of oncoming traffic. I had nowhwere to go to escape him, I just had to endure the humiliation of him beeping his horn at me all the way to New Earswick!

johngosdenfanclub, rawcliffe says...
8:44am Sun 1 Jun 08

petethefeet wrote:
johngosdenfanclub wrote: LIKE MOST JOBS, THERE ARE PEOPLE GOOD AND BAD AT THEIR JOBS. MOST FIRST DRIVERS HAVE HAD AND PASSED AN ADVANCED DRIVING COURSE. THERE ARE SOME VERY VERY NICE PEOPLE WHO WORK FOR FIRST,THE FIRST THING THE DRIVERS SAID ABOUT THE NEW BUSES WERE THE PROTRUDING WING MIRRORS WERE DANGEROUS! PEOPLE DO STAND TOO CLOSE TO THE EDGE OF THE PAVEMENT WHEN THEY KNOW A BUS IS COMING. PLEASE TRY TO AVOID BEING PERSONAL ABOUT MY FELLOW DRIVERS. THANKS
Maybe. But you do have some nutters that shouldn't be allowed to drive sheep. I've had a row with one of these s0ds and his attitude was unbelievable. So, I'll reserve the right to abuse such cretins AND report him for his behaviour - which I did. Oh.....and I'll send your comment to First and ask them why their drivers why think its the fault of the pedestrians who are actually standing ON the payment.
AS I SAY, WE ARE NOT ALL CRETINS. GO DOWN COPPERGATE AND YOU WILL SEE PEOPLE STANDING ON THE EDGE OF THE KERB WHEN THEY KNOW THERE ARE BUSES COMING AND THEY JUST STAND THERE TRANSFIXED. THERE SHOULD BE A SIGN UP FOR PEDESTRIANS TO WARN THEM TO KEEP WELL BACK WHEN LARGE VEHICLES APPROACH, BUT YOU ALWAYS GET SOMEONE WHO REFUSES TO MOVE BACK. IF YOU HAVE VALUE FOR LIFE YOU SHOULD PUT IT BEFORE ARROGANCE.

Pleb, York says...
8:18pm Sun 1 Jun 08

Good to see Dr.Powell gives credit to his trade union (Unite) for legal help which got him compensation. TU membership is the best insurance against accidents or bad employers.

Comments are closed on this article.




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