In this guide, we will look at the process of claiming for a bicycle accident that caused you to be injured. This article will explain your rights following a cycling accident and what steps you can take toward making a claim.
In the following sections, we will explore some potential causes of cyclist accidents and the information you could gather to validate your claim. Additionally, you can read about how claims are valued and use that to see how much you could receive in a claim.
Furthermore, we will discuss the benefits of working with a No Win No Fee personal injury lawyer for your bicycle accident claim. If you’re interested in any of the above information and require more details, continue with this guide. You can also contact our advisors for a personalized consultation.
To get in touch, you can:
- Call us at 0161 969 9685
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Select A Section
- How Common Are Bicycle Accidents In The UK?
- Am I Eligible To Claim For A Bicycle Accident?
- What Information Could I Request From The Other Party?
- How To Claim For A Bicycle Accident?
- Example Payouts For Bicycle Accident Claims
- Begin Your No Win No Fee Claim
Cyclists are considered a category of vulnerable road users. Vulnerable road users are the ones who require greater protection because they are more susceptible to being injured if a collision occurs.
The Highway Code was updated in 2022, and this update included a new hierarchy of road users. Vulnerable road users, including pedestrians and cyclists, are not offered the protection of a vehicle. This means that they are at the top of the hierarchy and the duty of care to protect them weighs more heavily on those who have the greatest potential to cause harm.
Bicycle accidents can occur in multiple scenarios, such as:
- A car driver doesn’t check their mirrors before exiting a junction, subsequently colliding with a cyclist.
- A lorry driver is not paying attention and swerves into the cycle lane
- A van is speeding and fails to stop in time to avoid a cyclist who is crossing at a toucan crossing
If another road user was at fault for the accident that caused your injuries, you may be eligible to make a road traffic accident claim. Contact our advisors today if you have any questions, such as ‘I was knocked off my bicycle in a road traffic accident; could I make a claim?’.
Bicycle Accident Statistics
Road accident and safety statistics are shared by the Department for Transport in an effort to show road users how often accidents can occur. We’ve supplied a graph to highlight the key information on the pedal cycle casualties factsheet for Great Britain in 2021.
The information in this graph shows that the majority of reported accidents between 2016 and 2021 occurred at T or Y-staggered junctions. This information may not be an accurate representation of all road accidents in Great Britain, as it only covers those reported to the police.
If a road user acts negligently while driving, collisions can occur. All road users have a duty of care to act responsibly and prevent themselves and others from harm. The Road Traffic Act 1988 outlines the duty of care for road users.
You can also find more information on how to behave on public roads in the Highway Code. While some of the rules in the Highway Code are just guidelines, for example, wearing a bicycle helmet, others are legal requirements because they are in legislation.
If you can prove that a third party’s negligence was the cause of your bicycle accident and the injuries that you sustained as a result, you may be entitled to make a claim for compensation.
Proving who was at fault for your cycling accident is important. However, you must also confirm that you are within the time limit to start your claim. The Limitation Act 1980 shows that you must start the claims process within three years of the accident taking place or from the date you became aware that negligence applied in this scenario.
There can be some exceptions to this limit, which our advisors can support you with. Contact our team today for more information.
After a cycle accident, you should swap details with the other road user. This includes any contact information, insurance details, and license plate number. It’s a legal requirement to give this information to anyone with a reasonable reason for requesting it.
If the other driver is unable to give their details, then they need to report the incident to the police. This should be done within 24 hours of the accident taking place.
A specialist cycling accident solicitor can assist you with collecting evidence to validate your claim. See below for more information on the evidence you could provide, or call our advisors today.
When making a claim for a bicycle accident, you should produce evidence to give your claim a good chance of success. Examples of evidence can include:
- CCTV and dashcam footage
- Photographs of your injuries and the scene of the accident
- Medical records, including hospital reports and prescriptions
Seeking medical attention is also important as it can improve your chances of recovery. Alongside this, medical evidence, as listed above, can be used as evidence. For example, X-rays showing a broken ankle or another kind of broken bone could be submitted as evidence.
If you need any further support with collecting evidence or understanding how to claim, contact our advisors today. Our team can be reached through the banner at the top of the page at any time that suits you.
Two heads of compensation could be awarded in bicycle accident claims: general and special damages. General damages compensate you for the pain and suffering you experienced as a result of third-party negligence.
This covers the loss of amenity caused by all physical and psychological injuries. Special damages cover the financial losses following a bike accident. For instance, loss of earnings and travel costs to hospital appointments could be covered in your settlement if you have the evidence to support this.
To calculate general damages in personal injury claims, legal professionals often use the Judicial College Guidelines (JCG). This publication provides compensation examples of general damages. You can see some of these in the table below:
|Severe Neck Injury (a) (i)
|In the region of £148,330
|Injuries associated with incomplete paraplegia despite wearing a collar. Headaches are severe.
|Severe Neck Injury (a) (ii)
|£65,740 – £130,930
|The discs in the cervical spine are damaged through injury, causing substantial loss of neck movement.
|Severe Neck Injury (a) (iii)
|£45,470 – £55,990
|Fractures or dislocations alongside other injuries that cause significant disabilities of a permanent nature.
|Very Severe Ankle Injury (a)
|£50,060 – £69,700
|Injuries in this bracket are unusual, including transmalleolar fracture in the ankle with extensive soft tissue damage.
|Severe Ankle Injury (b)
|£31,310 – £50,060
|Ankle injuries that may require extensive treatment and/or lengthy time in plaster.
|Wrist Injury (a)
|£47,620 – £59,860
|Injuries cause a complete loss of wrist function.
|Wrist Injury (b)
|£24,500 – £39,170
|Significant and permanent disability is caused by injury with some useful movement remaining.
|Severe Shoulder Injury (a)
|£19,200 – £48,030
|Serious brachial plexus injuries cause significant arm and neck symptoms with disabilities.
|Serious Shoulder Injury (b)
|£12,770 – £19,200
|Damage to the lower brachial plexus and dislocation of the shoulder causing pain, weakness of grip, and restricted shoulder movement.
|Moderate Shoulder Injury (c)
|£7,890 – £12,770
|Frozen shoulder causing limitation in movement alongside soft tissue injuries.
Please note that the figures above are not exact. However, a member of our team could give you a more accurate assessment of how much your claim could be worth. Contact our advisors today for more information.
Our advisors can assist you with any element of the claims process, including connecting you with a No Win No Fee solicitor from our panel if your claim has a good chance of success. For bicycle claims advice, see below, or contact us using the following details:
What Are No Win No Fee Agreements?
A No Win No Fee agreement is a way of accessing the services of a personal injury solicitor without often having to pay solicitor fees upfront or for the duration of your claim. If your claim ends without you being awarded compensation, your solicitor also generally won’t ask you to pay any fees for their work.
If you’re successfully awarded compensation at the end of your bicycle accident claim, your solicitor will take a success fee from your settlement. This is taken from your award and is subject to a legal cap to ensure you keep the majority of the compensation.
Our panel of personal injury solicitors can work with you through a Conditional Fee Agreement (a kind of No Win No Fee agreement) if your claim is valid. Contact our team using the contact details above to learn more.
Where To Read More About Your Rights After An Accident
See below for some links that may be of use to you.
You can also find more of our guides here:
- Bike Car Dooring Accidents
- How To Prove You Have Whiplash
- If you’re looking for help and guidance on cycling accident compensation claims, you can learn more here. You can find examples of bike accident claim payouts and the evidence used to prove a personal injury claim of this nature.
- Time Limit For Car Accident Claims
- In many cases, the risks experienced by cyclists and motorcyclists are very much the same. If you’d like to learn more about motorcycle accident claims, this comprehensive guide provides vital information on your legal rights.
If you have any further questions about making a bicycle accident claim that this guide didn’t answer, don’t hesitate to get in touch with our advisors.
Page by AN
Published by NS