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| Crash cyclist loses damages case | Crash cyclist loses damages case |
| (about 3 hours later) | |
| A West Lothian cyclist who sued a fellow bike rider after blaming him for a crash during a Sunday morning outing has lost a £370,000 damages claim. | A West Lothian cyclist who sued a fellow bike rider after blaming him for a crash during a Sunday morning outing has lost a £370,000 damages claim. |
| John Telfer, of East Calder, suffered head and spine injuries after he fell from his bike following a pile-up. | John Telfer, of East Calder, suffered head and spine injuries after he fell from his bike following a pile-up. |
| The 47-year-old college lecturer raised an action at the Court of Session in Edinburgh against PE teacher Gordon Macpherson. | The 47-year-old college lecturer raised an action at the Court of Session in Edinburgh against PE teacher Gordon Macpherson. |
| But a civil jury refused a claim over the accident on 15 June in 2003. | But a civil jury refused a claim over the accident on 15 June in 2003. |
| The accident happened on the B8020 near Winchburgh, in West Lothian. | The accident happened on the B8020 near Winchburgh, in West Lothian. |
| I just remember an almighty crunch at the back of my neck and I lost consciousness for a period of time John Telfer | I just remember an almighty crunch at the back of my neck and I lost consciousness for a period of time John Telfer |
| After 90 minutes jurors deliberating over the case returned a verdict rejecting the claim by a majority of eight to four on Wednesday. | After 90 minutes jurors deliberating over the case returned a verdict rejecting the claim by a majority of eight to four on Wednesday. |
| Judge Lord Menzies told them that the system depended on members of the public bringing their "collective commonsense" to such cases. | Judge Lord Menzies told them that the system depended on members of the public bringing their "collective commonsense" to such cases. |
| Mr Telfer and Mr Macpherson, 50, of Livingston in West Lothian, were part of a group of enthusiasts who met up regularly for weekend bike rides. | Mr Telfer and Mr Macpherson, 50, of Livingston in West Lothian, were part of a group of enthusiasts who met up regularly for weekend bike rides. |
| On the day of the accident they were returning towards Livingston after a trip over the Kincardine and Forth Road bridges. | On the day of the accident they were returning towards Livingston after a trip over the Kincardine and Forth Road bridges. |
| Proper control | Proper control |
| Mr Telfer said the other cyclist was riding in front of him when he lost control after hitting a manhole cover and came off his bike. Other riders also fell. | Mr Telfer said the other cyclist was riding in front of him when he lost control after hitting a manhole cover and came off his bike. Other riders also fell. |
| He said he had time to react and changed direction to avoid the fallen but went onto the verge. | He said he had time to react and changed direction to avoid the fallen but went onto the verge. |
| He said: "Although I was braking, the bike reacted in a fashion that it pitched me over the handlebars. | |
| "I just remember an almighty crunch at the back of my neck and I lost consciousness for a period of time. I regained consciousness and was unable to move." | "I just remember an almighty crunch at the back of my neck and I lost consciousness for a period of time. I regained consciousness and was unable to move." |
| He claimed that the incident was caused by the fault of negligence of experienced cyclist Mr Macpherson and alleged he was not holding the handlebars in a way that allowed him to maintain proper control of the bike. | He claimed that the incident was caused by the fault of negligence of experienced cyclist Mr Macpherson and alleged he was not holding the handlebars in a way that allowed him to maintain proper control of the bike. |
| Mr Macpherson disputed this and said he was holding his handlebars correctly and that he could not have avoided the accident which happened after his son sprinted past him. | Mr Macpherson disputed this and said he was holding his handlebars correctly and that he could not have avoided the accident which happened after his son sprinted past him. |
| His counsel, Andrew Hajducki QC, said cyclists voluntarily took on the risk of accidents and injuries by cycling in such groups without sufficient stopping distance between them. | His counsel, Andrew Hajducki QC, said cyclists voluntarily took on the risk of accidents and injuries by cycling in such groups without sufficient stopping distance between them. |