The case of Franklin v Blick [2014] ACTSC 273 should be
enough to send a shudder down the spine of all those lycra-clad
cyclist we see on our roads nowadays (the writer being one of them
– although eschewing the wearing of lycra).
On 30 October 2014, the plaintiff in this case was awarded over
$1.6 million after being knocked off his bicycle by another cyclist
and then being run over by a car.
He had been in a dedicated cycleway at the time. The defendant
was riding in the same cycleway and direction, but was slightly in
front of and to the left of the plaintiff. The bicycle ridden by
the defendant hit a piece of wood on the road, causing the
defendant to veer and collide with the plaintiff. The plaintiff
then fell from his bicycle onto the road in the motor vehicle lane,
and was struck by a car. There was no suggestion the driver of the
car was negligent. The plaintiff suffered significant injuries, and
claimed damages from the defendant on the basis that his
