By Danielle Nicholson. Last Updated 27th June 2023. If you have been involved in a bike accident on the road and you are wondering if you could claim cycling accident compensation, then this guide looks at the personal injury claim eligibility criteria for road traffic accidents. We also look at bicycle accident claim payouts and explain how we can help you.
Cycling accidents can result in serious injury due to the limited protection cyclists have in comparison to motorised vehicle drivers. If you can prove another road user is liable for the injuries you suffered, you could have a valid cycle accident injury claim.
This guide will explore the steps you can take toward receiving cyclist accident compensation. It will also talk about how to calculate damages, collect evidence, and receive legal advice to strengthen your claim. Furthermore, we will discuss the benefits of No Win No Fee agreements and how working with a solicitor can ease stress and further support your case.
If you have any further questions that this guide cannot answer, please don’t hesitate to contact our advisors. Our team is offering you free legal advice at any time that suits you with no strings attached.
Select A Section
- What Is A Cycling Accident Compensation Claim?
- Bicycle Accident Claim Payouts
- Other Damages For Cyclist Accident Compensation Payouts
- How Could Your Payout Be Calculated?
- How Do I Prove A Cycling Accident Compensation Claim?
- What Do You Need To Know About Cycling Accident Claims
- Contact Us To Make A Cycling Accident Compensation Claim
A road traffic accident involving a cyclist can occur for multiple reasons. To protect themselves, cyclists should wear protective clothing, such as a reflective jacket and bike helmet. However, some accidents can still cause serious injury whether the cyclist has protected themselves or not.
In order to seek cyclist accident compensation, you must have proof of third-party negligence causing the accident that led to you sustaining injuries. According to the Road Traffic Act 1988, all road users have a responsibility to uphold a duty of care while using public roads. Any failure to do so can result in serious accidents and subsequent injuries. The Highway Code also outlines the rules that all road users must abide by.
You must provide evidence to show that a third party’s negligence was the reason you sustained damages. This will confirm the validity of your claim.
For more information, continue reading. Or if you’re unsure of what to do after a cycle accident, contact our advisors today.
How Many Cyclists Are Injured On The UK’s Roads?
The Department for Transport used police reports on road casualties in Great Britain to collate statistics. In 2020, they reported on pedal cycle traffic and casualties. We’ve included a graph below to highlight these findings.
As you can see above, the majority of cyclist accidents resulted in minor injuries. The Department for Transport also reports on the common causes of these accidents and how pedal cycle traffic has risen over the past decade. You can visit the government website to see more information and cyclist statistics.
Let’s take a look at some bicycle accident claim payouts.
When seeking cyclist accident compensation for the pain and suffering you endured, you can claim for general damages. This covers the physical and psychological injuries you sustained.
Compensation brackets for general damages are published in the Judicial College Guidelines (JCG). These figures are used by legal professionals to value personal injury claims. We’ve provided a table below highlighting some examples that may assist you with your claim.
|Amputation of Both Feet (a)||£169,400 - £201,490||Due to the loss of a useful ankle joint, this injury is treated similarly to below-knee amputations.|
|Amputation of One Foot (b)||£83,960 - £109,650||Similar to above due to the loss of the ankle joint.|
|Severe Back Injury (a) (i)||£91,090 - £160,980||Severe pain and disability are combined with incomplete paralysis and impaired bladder function.|
|Severe Back Injury (a) (ii)||£74,160 - £88,430||These cases include injuries associated with nerve root damage, impaired mobility, and sexual difficulties.|
|Severe Neck Injury (a) (i)||In the region of £148,330||Despite wearing a collar at all hours of the day, the injured person will be unable to move their neck and suffer from strong headaches.|
|Severe Neck Injury (a) (ii)||£65,740 - £130,930||Disabilities rise from serious fractures or damage to cervical spine discs.|
|Severe Knee Injury (a) (i)||£69,730 - £96,210||Disruption to the knee joint requiring lengthy treatment with considerable pain and loss of function.|
|Severe Knee Injury (a) (ii)||£52,120 - £69,730||Pain is consistent causing limited movement and impaired agility.|
|Very Severe Ankle Injury (a)||£50,060 - £69,700||Injuries in this bracket are unusual with a possible need for below-the-knee amputation if any further trauma.|
|Severe Ankle Injury (b)||£31,310 - £50,060||Injuries may require a lengthy time in plaster or the use of pins and plates inserted into the ankle.|
Please note that the figures above will not accurately reflect what compensation you may receive for your claim due to the uniqueness of each case. Our advisors can assist you with a personalised settlement estimation. Call us today using the banner at the top of the webpage for more information.
Alongside general damages, you can also seek special damages for your cycle accident claim. Special damages reimburse you for any financial losses due to the injuries caused. For example, loss of earnings, care costs, and medical expenses that aren’t covered by the NHS.
You must provide evidence of financial losses in order to be reimbursed. This can include receipts, bus tickets, and prescriptions. If you need more advice on how to claim damages after a cyclist accident, contact our advisors today.
When seeking compensation for a bike accident, multiple factors are taken into account. For example, the severity of your injuries, how long they lasted and how this affected the quality of your life. Then the financial losses are looked at that have been caused by your injuries. As we mentioned above, you may suffer a loss of earnings as you take time off work to recover, or you may need alternative travel arrangements.
It may be necessary for you to undergo an independent medical assessment to assess the severity of your injuries. This will confirm the severity of your injuries and your prognosis. Other evidence will be required; we discuss this in our next section.
You can only make one claim for the same incident, so it is vital that before you settle the claim, you ensure that you have included all of your losses and damages. This is why having a solicitor represent your case can ensure it is filed in full. As once a settlement is agreed upon and paid out, you cannot go back and ask for more.
Your bicycle accident claim must be supported with evidence that proves another road user owed you a duty of care and a breach in this caused your injuries.
Some examples of evidence that could be useful when seeking cycling accident compensation may include:
- Video footage of the accident, such as from a helmet camera or CCTV.
- A copy of your medical records that state the nature of your injuries and the treatment you required.
- The contact details of anyone who witnessed the accident so that they can give a statement.
- Photographs from the accident scene and of your injuries.
If you need any help about what evidence could be submitted in support of your case, please contact our advisors for free advice about personal injury claims.
The amount of cyclist accident compensation you receive will depend on how severe your injuries are, your financial losses and how much evidence you can provide to support your claim.
You must also ensure that you are starting the claims process within the time limit set out in the Limitation Act 1980. This states that most claims must be started within three years of the date the accident occurred or the date you learned of negligence.
There are some exceptions to this, however, depending on the circumstances of each case. For example, if the injured person is unable to claim due to a reduced mental capacity, the time limit will only begin in the event of their recovery. A litigation friend can make a claim on behalf of the injured person before this date. There is also an exception for minors.
Call our advisors to discuss starting a claim within this time limit and making a claim on someone else’s behalf. Our team can also offer free legal advice and connect you with a No Win No Fee solicitor to represent you for your case.
If you’re ready to start the claims process, our advisors can help you with the first steps. Alternatively, if you need more information about seeking cyclist accident compensation, our team can provide you with free legal advice.
Check If You Could Work With A No Win No Fee Solicitor
You may opt to work with a No Win No Fee solicitor on our panel. This will mean you both sign a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). These agreements have the following benefits:
- Generally, no upfront or ongoing solicitor fees
- Legal representation from a personal injury solicitor
- No solicitor fees if your claim is unsuccessful
The only time you’re required to pay your specialist cycling accident claims solicitor is at the end of a successful claim in the form of a success fee. This is taken from your settlement total with a legal cap to prevent overcharging. Our advisors can connect you with a No Win No Fee solicitor if they can see a chance of success from your claim. Contact us using the details above to enquire about starting the claims process.
Further Tips On Cycling Accident Compensation Claims
Thank you for reading our cyclist accident compensation guide. For more reading, see the links below.
You can find more of our guides by clicking the following links.
- Claim for car dooring accidents
- Pothole accident compensation claim
- What to do if hit by an uninsured driver
If you need any more help or have questions about bicycle accident claim payouts or cycling accident compensation claims, please get in touch.