Townsville cyclist sues BMW driver for alleged serious damages

A cyclist left badly injured after he was allegedly struck by a motorist in a black BMW in the Townsville CBD has enlisted the services of a top-notch legal firm to pursue damages.

A cyclist left badly injured after he was allegedly struck by a motorist in a black BMW in the Townsville CBD has enlisted the services of a top-notch legal firm to pursue damages, including the cost of the $12,000 bicycle, hospital expenses, lost wages and rehabilitation. Picture: Supplied

A cyclist left badly injured after he was allegedly struck by a motorist in a black BMW in the Townsville CBD has enlisted the services of a top-notch legal firm to pursue damages, including the cost of the $12,000 bike, hospital expenses, lost wages and rehabilitation.

Garreth Turner, general manager for Shine Lawyers in North Queensland, said the incident involving his client, a 49-year-old Townsville professional, was captured on CCTV.

“We are launching a common-law claim for damages against the CTP (third-party) insurer for his lost wages, both past and future, as well as treatment and medications … (and) costs of the surgery, future treatments, surgeries, all his rehab and physio,” he said.

“He’s had a surgery now but he’s currently still in a cast and we don’t yet know the extent of the rehab or any revision surgeries might be.”

The Townsville-based lawyer said his client was cycling along The Strand toward North Ward when he entered the roundabout on Gregory St, cleared the first exit to turn left and proceeded directly ahead when he was allegedly collected by the BMW.

“He’s been thrown of the bicycle and sustained some nasty injuries, fractures to his wrists etcetera, requiring surgeries.”

Mr Turner said that what was intriguing about the case was that at least one witness told police that the cyclist was at fault, when what actually occurred was clearly captured on video.

“When you look at the footage, it is just completely contrary to any of that,” he said.

“Now, take it a step back, the insurance company just looks at that police report – without the CCTV – and goes, ‘we deny liability’ and then you’ve left this bloke not able to work, thousands of dollars out of pocket for his property damage and in a bad way all because of some poor evidence that somebody gives, which is completely false.”

Mr Turner said the driver of the vehicle was responding to his client’s requests for insurance information.

“We are going to have to try and pursue him through the police to find out what those details were because they weren’t exchanged at the scene.”

He said the law firm had the identity of the driver and vehicle registration.

“But when we have to go and now try and seek that the property damage be refunded for the $12,000 bike, the driver … is just ‘ghosting him’ for want of a better term,” he said.

“As far as being able to seek damages for his injuries and for all the things that come with a claim for damages of that nature, we will pursue the CTP (third-party) insurer, which we can determine by doing registration searches.”

Mr Turner said that given the nature of his client’s injuries and resultant loses, “which, to be honest, will greatly outweigh any of the property damage side of things”.

He said his client, an avid cyclist, was now nervous about every getting back on a bike again.

Originally published as Townsville cyclist sues BMW driver for alleged serious damages