Cyclist receives compensation for broken back & pelvis

27 Aug 2020 | Stuart Kightley

An avid cyclist had his ‘body broken’ and was left unable to walk unaided for almost a year after a motorist drove into him while on the wrong side of the road.

Tomasz Chmielewski, 42, suffered a broken back, pelvis, ribs and both wrists while on his way to work.

He says the female driver of the Ford veered onto his side of the road as she came around a bend and drove into him head on. The next thing he knew he came to lying on the road with paramedics telling him not to move.

He is now taking legal action against the driver for personal injury suffered and loss of earnings with London law firm Osbornes Law as he has been unable to work since the crash.

Passionate cyclist Tomasz, who has raced at Goodwood with the Southdown Velo cycling club, was in intensive care following the crash. He has been on crutches since the crash in September last year.

He said: “I woke up on the road and I had people screaming at me not to move and holding me down. It was a nightmare and the worst moment in my life. I thought I was going to die. My body was basically broken in the crash and I was terrified of what would happen. When I woke up, I was happy to be alive, but over the coming days I feared I would die as fractures to the pelvis are really dangerous. I was scared I would at least be left in a wheelchair for the rest of my life. I am able to walk with crutches, but this crash has ruined my life.”

Police investigated the incident in Bosham, West Sussex, but found there was not enough evidence to prosecute and sent the driver an ‘official warning letter’.

The letter from Sussex Police, said: “The police have decided to issue the motorist with an official warning letter stating in this instance they did not exercise a standard of care and attention expected from all road users.”

Married Tomasz, from Bognor Regis, West Sussex, is originally from Poland and came to the UK in 2011 to work as a carpenter. He said: “I was really upset. I was riding my bike on the correct side of the road and the car suddenly appeared and went into me as it came around the bend. Despite this she has just received a warning letter. As the crash happened at about 7am there were no witnesses, but my carbon fibre bike was broken in three places and I suffered these terrible injuries. It seems so unfair and to me this is not justice.”

Tomasz added: “I was really fit before this accident and cycling was my passion. This has been taken away from me as I can’t imagine riding on the road again. I am scared of cars when I go out, even when I am just walking on the pavement. I do not know what the future holds for me.”

Magdalena Knez, a specialist personal injury solicitor at London law firm Osbornes Law said: “My client has suffered severe physical and mental scars from this devastating crash. It is understandable that he should feel aggrieved that the motorist faced no criminal sanction for what happened to him, but we are working to gain some justice for him in the civil courts.”

To speak in confidence to Magdalena, or another member of the cycling accident claims team, contact us on 020 7485 8811 or complete an online enquiry form here

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