You may be interested in seeking cycling accident compensation after sustaining injuries in an accident. If you can provide evidence that negligence was the reason you sustained injuries in a bike accident, you may have grounds for making a cyclist accident claim.
This guide will highlight how cycling accidents occur and what steps you can take to seek a settlement. We will also discuss who could be liable for a road incident and the evidence you can provide to strengthen your claim.
You can also learn about the benefits of working with No Win No Fee solicitors. Our panel of personal injury solicitors can work with you with one of these agreements in place, provided you have a valid claim. To learn more, continue reading this guide. Alternatively, you can contact our advisors using the following contact details:
Select A Section
- What Is A Cycling Accident Compensation Claim?
- Examples Of Cycling Accident Compensation Payouts
- Cycling Accident Compensation – What Does It Cover?
- Loss of Income And Earnings
- How To Claim Cycling Accident Compensation
- Get Help Making A Cycling Accident Claim
Cyclists are considered a vulnerable category of road users. As there is no outer shell of protection for cyclists as there is for drivers and passengers in cars and other vehicles, they could be more seriously injured. The hierarchy of road users in the Highway Code places cyclists near the top; this means that less vulnerable road users have a greater responsibility to protect cyclists as well as pedestrians and horse riders.
Not all cycling accidents will entitle the injured party to be able to claim. Accidents may take place due to the cyclist’s error, for example, because they failed to look before emerging from a junction or did not indicate before turning. In these circumstances, you are unlikely to be able to claim cycling accident compensation.
However, if someone else on the road breached their duty of care, causing you to sustain injuries, you may have grounds to make a personal injury claim. For example, a cycle accident could occur if a vehicle swerves into the cycle lane because the driver is distracted. This could result in a shoulder injury and a laceration that leads to a permanent scar.
The Road Traffic Act 1988 outlines the duty of care on the road. Road users should act in a way that reduces the risk of injury to themselves and others on the road.
Furthermore, the Highway Code outlines safe road conduct for all categories of road users; some of the information in the Highway Code can be found in legislation, meaning it’s a legal requirement. Others are not; for example, the Highway Code suggests wearing a bike helmet, but this is not a legal requirement.
Please contact our advisors if you have any further questions that this guide cannot answer regarding how to make a claim. Our team are available to offer you support at any time that suits you.
Are Bicycle Accidents Common?
The Department for Transport publishes national statistics for road casualties in Great Britain. The graph below highlights the figures for reported pedal cycle casualties in 2020.
When making a personal injury claim, you might be wondering how much compensation you could receive. You can be awarded two heads of claim: general and special damages. General damages relate to the pain and suffering resulting from any physical and psychological injuries you sustained as a result of third-party negligence.
These damages can be calculated with the help of the Judicial College Guidelines (JCG). This publication contains guideline settlement brackets for general damages that are used by legal professionals when valuing claims. We’ve provided a table below highlighting some examples from the JCG.
|Very Severe Brain Injury (a)
|£282,010 – £403,990
|Little to no meaningful reaction to the environment and a dependence on care full time.
|Moderately Severe Brain Injury (b)
|£219,070 – £282,010
|This bracket will entail very serious disabilities that can be cognitive or physical. The person will need constant professional and other care.
|Moderate Brain Injury (c) (i)
|£150,110 – £219,070
|The injured person is unable to work with a moderate to severe intellectual deficit and a significant risk of developing epilepsy.
|Severe Back Injury (a) (i)
|£91,090 – £160,980
|Damage to the spinal cord causes a multitude of serious consequences, including severe pain and disability.
|Severe Back Injury (a) (ii)
|£74,160 – £88,430
|Injuries can impair mobility and bowel function and cause unsightly scarring.
|Severe Arm Injury (a)
|£96,160 – £130,930
|Extremely serious injuries such as an injury to the brachial plexus leave the person little better off than if an amputation had been performed.
|Permanent and Substantially Disabling Arm Injury (b)
|£39,170 – £59,860
|Permanent disability is caused by fractures to one or both forearms.
|Less Severe Arm Injury (c)
|£19,200 – £39,170
|Substantial recovery is expected to occur or will have occurred after sustaining serious disabilities.
|Very Severe Ankle Injury (a)
|£50,060 – £69,700
|Injuries in this bracket are unusual, such as transmalleolar fracture in the ankle with soft tissue damage causing deformity.
|Severe Ankle Injury (b)
|£31,310 – £50,060
|Injuries that require a long period of treatment and/or a long time in plaster. There may be ongoing disability such as instability.
Please note that the figures above are not a guaranteed estimation of what your claim will be worth. This is because individual factors are always considered when assigning a value to a personal injury claim. You might be asked to attend a medical assessment so that your injuries can be valued. If you work with a solicitor from our panel, then they could arrange this in your local area.
Contact our advisors today for a personalised cycling accident compensation estimation.
As well as general damages, you could also be entitled to special damages. Whereas special damages cover the pain and suffering that your injuries have caused, special damages cover the financial impact of the accident that left you injured. They could include:
- Property damage, for example, to your bike
- Medical costs
- Travel costs (for example, you may need to travel to and from medical appointments)
You should provide evidence in support of special damages; without it, you might not receive all of the compensation you’re entitled to. This could include taxi receipts to demonstrate travel costs or invoices from medical care you have needed.
You can also suffer financial losses if your injuries meant you had to take time off work. With supporting evidence, you could seek cycling accident compensation for loss of earnings and loss of future income.
For example, you may break your hand in a cycling accident and be unable to return to work as an electrician until it’s healed. You could be compensated for the loss of earnings that this results in.
In some cases, you could be unable to return to work at all after your accident. For example, a bike accident could cause a serious head injury which means you cannot return to work. In these cases, claimants could be awarded a settlement for projected loss of earnings.
Our advisors can provide you with more information on seeking compensation for financial losses. Contact us today for more information.
After a cycling accident, it is important that you gather as much evidence as possible to prove that third-party negligence was the reason you sustained harm. This can include:
- Details of witnesses that can provide a statement to support your claim
- Photographs of the scene of the accident and of your injuries
- CCTV or dashcam footage of the accident taking place
- Medical reports showing what medical treatment you required after being injured
Alongside this, you must also start your claim within the time limit in order to be awarded compensation. The Limitation Act 1980 outlines the general time limit for personal injury claims; this is generally three years, and it starts on the date that the incident occurred or the date you connected negligence with your injuries.
However, some exceptions exist; for example, if the injured party is a child then the time limit for claiming will be suspended until they turn 18. As a minor cannot pursue their own claim, a litigation friend can start the claims process on their behalf at any point while they are still a child. They have 3 years in which to make their own claim once they turn 18, provided one has not been made.
Contact our advisors today to learn more about making a claim after a road traffic accident. They may also be able to confirm if you could claim on your child’s behalf if they have been injured in a road traffic accident while cycling.
Our advisors are available 24/7 to help you start the road traffic accident claims process. Get in touch by:
How Do No Win No Fee Agreements Work?
You may be interested in working with a solicitor on a No Win No Fee basis when seeking cycling accident compensation. Our panel of solicitors can work with you through a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement. This allows you to work with a solicitor without generally paying them anything upfront or as the claim is ongoing. Furthermore, you usually don’t pay your lawyer for the work they have done if you’re not awarded compensation with this kind of agreement in place.
You would be required to pay solicitor fees if you’re awarded compensation at the end of a successful claim. However, this success fee is taken from your settlement total with a legal cap, ensuring that you keep the majority of your award.
Use the contact details above to discuss making a No Win No Fee personal injury claim with our advisors. You could be connected with a lawyer from our panel, provided that your claim is valid.
Learn More About Cycling Accident Compensation Claims
We hope this guide has been helpful in providing you with information on seeking cycling accident compensation. For more reading, see the following links.
You can also find more of our guides here:
- Claim for bike car dooring accidents
- Who is at fault for cycling accidents?
- How to report a car accident
- If you need advice on how to start the bicycle accident claims process then this article can help you
- Get help with claiming for a cycling accident in London by reading our helpful personal injury guide
Page by AN
Published by NS