A Tour de France hopeful who says his pro cycling career was wrecked when he was “car-doored” on a suburban road is suing for over £1m in compensation.
James McLaughlin smashed his shoulder and right elbow when a car passenger opened her door directly into his path as he biked down a cycle lane in West Wickham, south east London, in May 2020.
“Supremely fit” Mr McLaughlin, who rode for a series of pro teams, raced for Guernsey in the 2014 and 2018 Commonwealth Games and dreamed of competing in the Tour de France, says the accident also left him brain damaged, leading to depression, memory loss, fatigue and PTSD which have wrecked his chances of returning to pro cycling.
The 34-year-old road racer, who relies on an emotional support dog, is suing the insurers of the car driver and passenger for over £1m in compensation.
Car dooring accidents occur when a driver or passenger of a vehicle opens its door into the path of a cyclist, giving them little or no opportunity to stop. According to Cycling UK, at least 500 cyclists in Britain are known to be injured every year in dooring incidents, although the true number is thought to be much greater.
Central London County Court heard Mr McLaughlin was taking a short break from his professional cycling career and working as a courier when he was injured in May 2020.
As he was cycling along, “a car door was opened across a bicycle lane in front of him,” the court heard, resulting in him coming off his bike, hitting the ground and being badly injured.
Liability for the accident has been admitted by motor insurers, but they are disputing whether he did in fact suffer a brain injury, and also the amount in compensation he is claiming.
Mr McLaughlin’s barrister Winston Hunter KC said he is plagued by problems with poor concentration and memory, as well as anxiety and distress, while a neuropsychologist who examined him considered he had suffered concussion due to his head being “shaken around” in the crash.
The veteran rider had suffered other road falls in his career before the 2020 spill, conceded his barrister, but said there was no evidence that any of these accidents caused him lasting problems at the time.
At the time of his crash, Mr McLaughlin was taking a pause from the pro circuit, but was “supremely fit” and had clocked up a number of recent successes, including coming sixth in the time trial at the 2018 Commonwealth Games despite injury.
But for the accident, he would have slotted back into the world of top cycling, the barrister said, adding, “He has lost that cycling career.”
However, Lionel Stride – for the insurers – challenging the existence of a “mild traumatic brain injury” said there was no mention of Mr McLaughlin suffering a blow to the head at the time of the 2020 accident.
“He came into contact with a car door at speed and was subsequently thrown off and hit the ground, with an orthopaedic injury to his right shoulder,” he told Judge Jane Evans-Gordon.
“There was no mention of a blow to his head.”
The cyclist’s case reached court for a pre-trial hearing over whether Mr McLaughlin should be allowed to rely on further medical evidence from neurologists focusing on whether concussion and a “minor traumatic brain injury” could be the root cause of his current problems.
But when Mr McLaughlin arrived with his support dog Barley on a lead, he was told by Judge Evans-Gordon that she had no choice but to exclude his pet as the rules normally only allow guide dogs inside.
“If it’s an emotional support animal, they’re not normally allowed into court, not least because they’re not properly trained like guide dogs,” she explained to the cyclist’s KC. “At least it’s a dog and not an exotic animal.”
Allowing in the new evidence, the judge said Mr McLaughlin came to grief “when a car door was opened across a bicycle lane in front of him”.
“Apart from physical injuries primarily to his shoulder and elbow, the claimant has suffered with psychological problems following the accident,” she said.
“The psychological problems include PTSD, phobic anxiety and depression. Although he has undergone psychiatric treatment with an eminent psychiatrist, his symptoms have not improved as much as might have been hoped.”
She added that Mr McLaughlin is convinced he suffered a brain injury in the collision and “that this has an impact on his long-term employment prospects”.
On top of medical evidence, lawyers have also obtained reports from sports scientists about Mr McLaughlin’s cycling career prospects but for the accident, the court heard.
“It appears to be common ground that the claimant was an elite cyclist and had the potential to be a high achiever in the event that he returned to the world of elite cycling,” noted the judge.
“If his psychological symptoms have a non-organic cause, then they are likely to resolve in due course. If, however, the cause is organic, namely a mild traumatic brain injury, they will not improve and are likely to have a significant impact on his future earning potential.”
After hearing arguments from both sides, the judge agreed to admit the neurological evidence, which she said concerned a “very significant issue for him”.
“It could make a difference of approaching £400,000 to his loss of earnings claim,” she said.
A full trial of the claim was originally due to take place later this year, but that may now have to be delayed due to the new neurological reports.
