Welcome to our cycle accident claims guide. Here, we will discuss how cycling accidents occur, and we look at the eligibility for claiming a compensation settlement payout. Cyclists don’t have an outer shell of protection like drivers of cars, lorries, and other motorised vehicles. This creates a higher risk of injury when cyclists are involved in road traffic accidents.
Very often, when making cycle accident claims, you will need to gather and provide evidence of third-party negligence. We will discuss what this entails further in this guide. You can also read about bike accident claim amounts and how compensation is calculated for damages. Alongside this, we will discuss the benefits of working with a personal injury lawyer on a No Win No Fee basis.
If you’re interested in starting the claims process or require more information about cycle injury claims, our advisors are available to help. Our team is offering you free legal advice. You can reach us using the following contact details.
Select A Section
- Who Could Make Cycle Accident Claims?
- How Are Cycle Accident Claims Calculated?
- Who Could You Claim Against?
- How Many People Are Injured In Cycling Accidents?
- What Could I Do To Support My Claim?
- How Could Our Team Help With Cycle Accident Claims?
There are different reasons why cyclist accidents could occur; some could involve just the cyclist, others could involve the cyclist and other road users, or the cyclist and obstacles or property.
All road users have a responsibility to uphold a duty of care to keep themselves and others safe. The Road Traffic Act 1988 outlines these responsibilities. If this duty of care is breached, accidents can occur, causing damage and physical and psychological suffering. All road users can see the updated rules of the road in the Highway Code.
Should the cyclist be at fault for the accident due to a breach of the duty they owe, they would not be able to make a personal injury claim. However, if another road user is partly or wholly at fault for the cycle accident, then the cyclist could be eligible to bring a personal injury claim for the harm suffered along with any damage to their bike.
In order to seek a settlement, you must provide evidence of third-party negligence. Continue reading to learn more about the conditions of making a personal injury claim. Alternatively, you can call our advisors using the banner above for more support.
Can I Claim On Behalf Of A Child?
According to the Limitation Act 1980, there are set time limits in place for when legal proceedings must be commenced. This is usually 3 years from the date of the accident, although there are exceptions.
If a cyclist is under the age of 18, the law understands that they are not mature enough to understand the processes involved within the court system. In these circumstances, a litigation friend can claim on the child’s behalf. If a claim is not started before the date of the injured person’s 18th birthday, a time limit of three years will begin for them to start the claims process.
For more information, contact our advisors.
There are often two heads of compensation you can seek for a personal injury claim:
- General damages compensate you for the pain and suffering you endured as a result of the injury. This includes all physical and psychological injuries you sustained from the accident.
- Special damages reimburse you for the financial losses caused by your injury. For example, loss of earnings and medical treatment that isn’t covered by the NHS.
The Judicial College Guidelines (JCG) is a publication used by legal professionals to value general damages in road traffic accident claims. We’ve included some examples from the JCG below that might assist you in calculating compensation for cycle accident injury claims.
|Very Severe Head Injury (a)||£282,010 - £403,990||The injured person will require full-time care due to the extent of their injuries.|
|Moderately Severe Head Injury (b)||£219,070 - £282,010||Serious disabilities will affect the intellect and personality of the injured person.|
|Total Loss of Both Hands (a)||£140,660 - £201,490||Extensive damage to both hands renders them practically useless.|
|Serious Injury to Both Hands (b)||£55,820 - £84,570||Injuries cause a significant loss of function and permanent disability.|
|Severe Neck Injury (a) (i)||In the region of £148,330||Severe headaches and movement in the neck will be limited, despite the use of a collar for 24 hours a day for years.|
|Severe Neck Injury (a) (ii)||£65,740 - £130,930||Severe disability causes substantial loss of movement in the neck and loss of function in some of the limbs.|
|Arm Injury - Severe (a)||£96,160 - £130,930||Arm injuries leave the person not much better off than if the arm was amputated.|
|Arm Injury - Permanent and Substantial Disablement in Arms (b)||£39,170 - £59,860||Injuries including serious fractures in one or both arms causing serious and permanent disability.|
|Wrist Injury (a)||£47,620 - £59,860||There is a loss of function in the wrist due to the severity of the injury.|
|Wrist Injury (b)||£24,500 - £39,170||Some useful movement in the wrist remains though permanent disability is present.|
Please note that the compensation brackets are only guidelines and will not reflect the exact compensation amount you may receive for your successful claim. Contact our advisors today for a personalised estimation.
The circumstances of your cycling accident will depend if you can make a personal injury claim. If the accident is completely your fault, then you will not be able to make a compensation claim. If it is partly or wholly the fault of a driver or local council, then you could make a claim against them for the injury and damage caused.
Your bicycle accident may have occurred due to errors with the road. For instance, the road is damaged by potholes. In these circumstances, you may be able to seek a settlement against your local council this will be dependent on different criteria being met.
The Royal Society for the Prevention of Accidents (ROSPA) reported on cycling accidents in 2019.
We’ve added a graph below to show some of the ROSPA’s findings on cycling casualties during 2019.
See the report published by ROSPA for more information on cycling accident statistics.
After a cycling accident, if you intend to make a personal injury claim against the fault party, it is a good idea if it is safe to do so and you are well enough to start to collect evidence to prove your claim.
It is also important that you receive medical attention after the accident has occurred. Following this, you should retain as much medical evidence as you can, including hospital admission slips, prescriptions, and doctor’s reports. Providing medical evidence can determine how serious your injuries are.
There are multiple things you can do to support your cycle accident claim and help prove who was at fault. Evidence could include:
- Photographs of where the accident occurred and of your injuries.
- Witness details who can provide statements.
- Police reports from officers that attended the scene.
- CCTV or dashcam footage showing the accident taking place.
Our advisors are offering you free legal advice. See below how to contact us for more support.
Our advisors can provide you with legal advice for free with no strings attached. To learn more about starting the cycle accident claims process and receiving the compensation you deserve, contact us by:
Choose A No Win No Fee Agreement
A Conditional Fee Agreement (CFA) is a type of No Win No Fee agreement that both you and your solicitor sign. These agreements allow you access to a legal professional without paying any fees upfront or for the duration of your claim. In fact, there’s nothing to pay your solicitor for their service if your case ends unsuccessfully.
In the event that you receive a settlement at the end of your claim, your solicitor will deduct a success fee from your award. This is legally capped to ensure you keep the majority of your compensation. All these terms are discussed with you before you agree to make a claim.
Contact our advisors today if you’re interested in working with a personal injury solicitor on a No Win No Fee basis. Our team can connect you with a solicitor if they believe your claim has a chance of succeeding. See our contact information above to start the claims process today.
Read More About Cycle Accident Claims
You can also see more of our guides by visiting the links below.
- Fatal accident compensation payout
- Claiming compensation for cycling without a helmet
- How to prove you have whiplash
You can see some resources below to provide you with more information.
Thank you for taking the time to read our cycle accident claims guide. Please contact our advisors if you have any further questions.