An Overview Of Cycling Accident Claims In The UK

An Overview Of Cycling Accident Claims In The UK

An Overview Of Cycling Accident Claims In The UK

Have you had an accident on the road while out cycling? Are you curious about how cycling accident claims in the UK work?

If an accident occurs, cyclists don’t have an outer shell on their vehicles to protect them. So pedestrians, pedal cyclists, motorcyclists and e-scooters users have higher casualty rates than other people travelling in cars or vans. Therefore, cyclists are classed as vulnerable road users under The Highway Code and require other road users to take extra care when travelling near them.

You could make a cyclist accident claim should you be injured due to third-party negligence. This would require proving that another road user or those responsible for the conditions on the roads caused the accident through a breach of duty.

In England, Wales and Scotland, under the Road Traffic Act 1988, all road users owe others who use the roads a duty of care not to cause accidents. Local authorities, those who are tasked with the maintenance of roads and highways, also owe road users a duty of care to ensure these are kept in safe repair.

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A Guide To Cycling Accident Claims In The UK

There are many benefits to cycling. It’s often a more affordable way to travel than driving or using public transport. Moreover, it’s a great way to incorporate exercise into your daily routine. However, cycling also has inherent risks.

All road users owe one another a duty of care. Cycling accident claims are possible if the cyclist is injured by the negligence of another road user or by the disrepair of the road. You would need to show that at the time and place of the accident, another party owed you a duty of care. To prove negligence, this duty of care must have been breached, and as a result, you suffered an injury.

Cycling Accident Statistics

According to the UK government’s Reported road casualties, Great Britain annual report: 2021 111 cyclists were killed on the roads in 2021. This was a decrease of 11% from the year before.

According to UK government statistics, on average, 2 cyclists were killed on the roads in Great Britain a week from 2015 to 2020. Furthermore, 56% of cycle fatal accidents happened on rural roads compared to 29% in traffic. Moreover, 83% of those who were seriously injured or fatally injured were male.

Compensation Claim Payouts For Cycling Accident Claims In The UK

What could cycling accident claims in the UK be awarded? In England and Wales, if your cycling accident claim is successful, you can receive up to two types of compensation.

  • General damages – Compensation for your injuries’ harmful physical and psychological effects.
  • Special damages – Compensation for the necessary costs and financial losses associated with your injuries. For example, reimbursement for unavoidable travel expenses or loss of earnings.

How Much Could Cycling Accidents Claims In The UK Be Worth?

You may wonder how much compensation you can get for a bike accident in the UK. The compensation brackets in the table come from the 16th edition Judicial College Guidelines, which legal professionals such as solicitors and lawyers in England and Wales use to determine how much to value general damages at.

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Type Of Injury Sustained Notes On This Injury Potential Settlement
Very Severe Injury Resulting from Brain Damage An injury which leaves the person with either little or no ability to respond to their environment. They will require nursing care full time. £282,010 to £403,990
Moderately Severe Injury Resulting from Brain Damage An injury which leads to paralysis in the limbs or results in impairment intellect. The injury may also reduce life expectancy. £219,070 to £282,010
Severe Injury To The Back (a) (i) An injury impacting the spinal cord. The injury will lead to severe pain, incomplete paralysis, and impairment of organs. £91,090 to £160,980
Moderate Injury To The Back (b) (i) There could be a combination of damage to an intervertebral disc or a prolapsed intervertebral disc requiring surgery. £27,760 to £38,780
Severe Injury To The Neck (i) An injury to the neck which may present with incomplete paraplegia. The person could suffer permanent spastic quadriparesis. Around £148,330
Moderate Injury To The Neck (i) An injury such as a fracture in the neck or a dislocation. The person suffers symptoms which are severe and immediate. £24,990 to £38,490
Very Severe Injury To The Ankle (a) A more unusual injury. The injury could include a transmalleolar fracture with extensive soft tissue injuries and result in a deformed ankle. £50,060 to £69,700
Moderate Injury To The Ankle (c) An ankle fracture, torn ligament, or other injury which may cause less serious disability. £13,740 to £26,590
Less Serious Injury To The Leg (c) (i) An injury from which the person could recover to a reasonable degree. They may have some loss of mobility and discomfort. £17,960 to £27,760
Less Serious Injury To The Leg (c) (ii) An injury such as a fractured femur. The articular surface is not damaged. £9,110 to £14,080

The amount of compensation in the table does not guarantee the compensation you will receive for your cycling compensation claim. Please contact Advice.co.uk to enquire about making a bike accident claim. Our team can value your claim. The table excludes special damages compensation.

Types Of Cycling Accident Claims In The UK

Now let’s look at examples of cycling accidents that could happen in the UK:

  • The cyclist is hit by a vehicle coming out of a side road
  • A pothole accident is where a pothole causes a cyclist to come off their bike.
  • Spillages on the road can make the surface of the road slippery.
  • A driver drives into the cycle lane hitting the cyclist from behind
  • A fatal accident involving cyclists can happen on the road.
  • Or whereby the cyclist is at fault because they cycled into oncoming traffic

To claim compensation you will need to prove who is at fault for the cycling accident; there will need to be evidence to explain who is at fault. For example, police reports, dash cam footage, witness details in case a statement is needed, or CCTV.

The Law On Cycling Accident Claims

The Highway Code has guidance, advice and mandatory rules for all users of the road. It applies to road users in England, Scotland and Wales. Cyclists must ensure they follow the rules of the Highway Code. Some of the rules are advisory. However, if the rule states that you “MUST” or “MUST NOT” do something, this is a legal requirement. Therefore if you fail to follow these rules, you will commit an offence.

For England, Scotland and Wales, road users must comply with the Road Traffic Act 1988; failure to comply with the rules of applicable laws can see the road user committing an offence.

Can I Claim Compensation For A Bike Accident?

You could claim compensation if another party acted negligently on the roads and injured you. The defendant might be a driver. For example, a drunk driver may have hit you, causing injury. Or the defendant could be another party, for example, a local authority that failed to fix faulty traffic lights, which caused an accident.

Therefore you could claim cycling injury compensation under the following circumstances.

  • Firstly, another road user, such as a driver, owed you a duty of care.
  • Secondly, the road user acted negligently and caused a traffic accident.
  • And consequently, the road traffic accident injured you.

Why Choose Advice.co.uk?

Please get in touch with us today to see if you can claim compensation for a bicycle accident injury. If our team can see that you meet the criteria to claim compensation, one of the cycling accident solicitors from our panel could begin work on your claim.

Can You Make A No Win No Fee Claim?

There are generally no upfront fees when working with a No Win No Fee solicitor. Alternatively, claimants pay a success fee if they win their claim. And won’t have to pay a success fee if the claim does not succeed.

Please get in touch with Advice.co.uk to see if you can begin a bicycle injury claim:

Read More About Cycling Accident Claims In The UK

Let’s look at how to claim compensation for a cycling or road traffic accident.

We hope this guide to making cycling accident claims in the UK has been helpful.

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Published by AL.