A CYCLIST who was texting his mum by the side of a road when he was hit by a car has been guaranteed a substantial damages payout.

That is despite a judge’s ruling that he bore the lion’s share of blame for the accident.

Ryan Callier was 17 on the night of June 28, 2004, when he was knocked off his bike on the A361 between Lechlade and Highworth by an overtaking Subaru driven by Nicholas Deacon.

Mr Callier, pictured, now 21, suffered a broken pelvis and leg injuries in the initial impact, and complications made it necessary for surgeons to amputate his right leg below the knee in December 2004.

Mr Callier, of Ermin Street, Stratton St Margaret, launched a claim for damages against Mr Deacon’s insurers, to cover the costs of medical expenses and lost earnings, as well as compensation for the disability.

Mr Deacon, of Fairford, died shortly before the case was due before London’s High Court, but the motor insurers and his estate continued to deny liability.

After a two-day hearing on Wednesday Judge Martin McKenna ruled that Mr Deacon had been negligent – but was only 45 per cent responsible for the accident.

Although that means Mr Callier is only entitled to 45 per cent of the damages he would otherwise have received, his injuries were so severe that he is still due a very substantial sum, which could run into six figures.

The court heard that at 10.45pm Mr Callier was sitting on his bike at the edge of the A361, about half a kilometre south from the Riverside car park at Lechlade.

He was texting his mum to say he would be late, while a friend relieved himself in a nearby field.

Mr Deacon’s car, which was travelling north, hit him while overtaking a Land Rover.

Judge McKenna ruled that Mr Callier himself bore most of the responsibility for his injuries, because of the absence of lights on his bike or reflective clothing, and his inattention to traffic whilst standing at the edge of a busy road.

“He could and should have realised that, given the absence of light or light clothing, he was standing in an exposed location,” he said.

“He was substantially responsible for the accident and should bear a greater share of the responsibility for his injuries.”

Unless final settlement terms are agreed in the meantime, the amount of Mr Callier’s damages will be assessed – on the basis of 45 per cent liability – at another court hearing.