A pensioner left brain damaged after a catastrophic cycling accident has won the right to large compensation claim.

Fenella Sinclair suffered life-changing injuries when the wheel of her bike was grazed by a passing 4x4 on a country lane in Tunbridge Wells.

Police refused to bring a criminal trial but Mrs Sinclair’s daughter launched a personal injury claim through law firm, Thomson Snell & Passmore.

The 62-year-old, of Western Road in Tunbridge Wells, suffered brain damage, multiple skull fractures as well as damage to her spine and ribs in the 2011 accident in Broadwater Forest Lane.

Four years on she remains in am minimally conscious state and requires 24 hour care. There were no witnessesother than the motorist, Rachel Joyner, and her husband who was a passenger.

Mrs Sinclair was unable to give her account of the accident due to the severity of her injuries.

A specialist brain injury team from Thomson Snell & Passmore subsequently gathered evidence from Kent Police and witnesses who arrived at the scene, before instructing an accident reconstruction expert.

“This is a welcome outcome for Mrs Sinclair and her family. We now move on to value the amount of compensation she should receive for the life changing injuries she sustained" - Jonathan Clement

The firm pursued a claim in negligence for compensation against Mrs Joyner - who denied liability. Following a three day trial at the High Court in London, Mrs Sinclair was guaranteed massive damages when the judge, Mrs Justice Cox, ruled Mrs Joyner largely to blame.

She said the motorists, from Groombridge, drove in a negligent fashion which resulted in a collision with Mrs Sinclair’s bicycle.

Judgement was made in the pensioner’s favour with 75% liability placed on Mrs Joyner. The level of compensation will be assessed at a later date.

Jonathan Clement, partner at Thomson Snell & Passmore and lead lawyer on the case said: “This is a welcome outcome for Mrs Sinclair and her family. We now move on to value the amount of compensation she should receive for the life changing injuries she sustained.

"Compensation will give Mrs Sinclair’s family peace of mind in knowing that the she will recover damages to pay for the care and treatment she will need in the future.”

The amount of compensation given is yet to be decided.