A High Court judge has ordered a construction firm to pay compensation to a cyclist injured in a crash caused by the base of a traffic bollard which was installed next to a cycle lane outside one of the company’s building projects in east London.
The case surrounded the £54m Britannia Leisure Centre in Hoxton, construction company Morgan Sindall’s subsidiary deemed liable for the crash and cyclist William Brown’s injuries. During the project, Pitfield Street was closed to vehicular traffic during the summer of 2019, however access remained for a two-way cycle lane.
Construction News reported on the High Court case and explained how traffic bollards were required to enforce the road closure while maintaining cycling access.
At the High Court much of the evidence centred around the specific bollard design used and how Morgan Sindall dealt with vandalism and bollards being ripped out.
The design used will be familiar to many UK-based cyclists, namely the Kingpin style which involves a glued base being attached to the street and a separate, detachable wand above.
Judge Katherine Tucker said Morgan Sindall’s only action in response to vandalism, which left the bases exposed and posed a risk to cyclists, was to tell traffic marshals and security guards to replace the missing wands.
She also noted the installation was not done in accordance with the manufacturer’s instructions, meaning they could be twisted and removed easily, failing to meet British standards and easily vandalised.
Following the incident, in January 2020, Swinbac wands were installed, this design unable to be unscrewed.
The construction company denied liability and claimed it did not owe a statutory duty to cycle lane users. Lawyers also accused the cyclist of exaggerating and being “fundamentally dishonest” about the impact of his injuries on his mental health.
Mr Brown hit the base of a bollard, which caused him to crash and required five days of treatment in hospital. He needed surgical plating in his arm and a blood transfusion.
Ultimately, the High Court judge ruled against the construction firm and said Mr Brown should receive around £50,000 in general damages, as well as yet to be determined further payments. The judge ruled the contractor also owed compensation for a range of other factors, such as lost earnings, commute expenses, and damage to his bike.
“The defendant knew that traffic bollards were being removed along Pitfield Street, and causing a health and safety risk, that this was happening frequently, and, importantly, when staff were not on site, but at a time when the cycle lanes remained open and were being used,” the judge ruled.
“I consider that the presence of an unmarked and non-reflective base upon the highway caused a nuisance to cyclists and road users. There was insufficient consideration given to the choice of bollard. The bollard was used because it was in stock, not because it was appropriate.
“In any event they were installed other than in accordance with manufacturer’s instructions, and there was inadequate monitoring and inspection of their installation, particularly after it was known that the wands were being removed from their base.”
Last month, lawyers in Scotland secured a settlement from a council over crash injuries sustained by a cyclist when a rope was tied across a cycle lane during roadworks.
Council settles with cyclist injured in cycle lane crash (credit: Cycle Law Scotland)
The cyclist’s lawyers at Cycle Law Scotland said the case raised wider questions about consistency, communication and care during periods of roadworks. The specialist cycling solicitors said that while the settlement was fair, it is “deeply troubling” that there are still “unanswered questions and a lack of responsibility from those in charge”.