$315,000 payout for cyclist hit by ute

A cyclist injured when he was knocked off his bike in a hit-and- run accident has been awarded a $314,511 payout.

Jesse Daniel Lawton was awarded the payout, which will be funded by the Insurance Commission of WA, after District Court Judge Bruce Goetze ruled in favour of the 27-year-old who was injured when he was hit from behind by a Toyota Hilux while cycling in Joondanna in August 2008.

Mr Lawton claimed that, shortly before the crash, two people in the ute had been yelling at him.

The Insurance Commission denied Mr Lawton was injured because of the alleged negligence of the unknown driver and rather he "simply fell off his bike and caused his own injuries".

But Judge Goetze accepted Mr Lawton's evidence finding it "more probable than not" that he was hit by the ute, which then drove off.

The driver of the ute has never been found.

Mr Lawton's injuries included a fractured right elbow, a shoulder injury and a soft tissue injury to his left hip, according to the decision, which was delivered last month.

The West Australian

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