By Megan Cullen. Last Updated 9th November 2022. Cycling is a popular form of exercise, a way of commuting, or a simple way to relax on a sunny day. Whilst most journeys go to plan and without problems, accidents can happen. Unfortunately, as cyclists don’t have the same level of protection as other road users, they can end up with serious injuries following a bike accident. If that happens, in an accident caused by (or partially caused by) somebody else, you may be entitled to seek damages from them. In this guide, we’ll explain what you should do after a cycling accident if you wish to claim compensation.
Our team are here to offer support if you do wish to discuss your options. They will run through events in a no-obligation review of your case and provide free legal advice on whether you can claim. If your case does appear strong enough, you could be passed to a personal injury solicitor from our panel. If they agree to work on your case, it will be on a No Win No Fee basis.
Please call Advice.co.uk today if you’d like to know more about what you should do after a cycle accident.
- Call for free legal advice from a specialist advisor on 0161 696 9685.
- Let us know about your claim via our enquiry form.
Otherwise, please continue reading to find out more about cycling accident advice.
Select A Section
- A Guide On What You Should Do After A Cycle Accident?
- Cycling Accident Compensation
- Bike Accident Injury Damages
- What Is A Bicycle Accident?
- What You Should Do After A Cycle Accident?
- Make Sure You Stop After The Accident
- Check To See If Anyone Is Injured
- Exchange Insurance Information With The Other Party
- Take Photos And Get Witness Statements
- Report A Road Traffic Accident To The Police
- Steps To Follow After A Cycling Accident
- Cycling Safety Statistics
- No Win No Fee Cycling Accident Claims
- Contact Us
- More Information
Riding a bike can be risky on any type of road. Even if you’re riding on a small country lane with little traffic you could be put in danger by another road user. It’s an unfortunate fact that whatever precautions you take, things could still go wrong. If they do, you could end up having to pay for damage to your bike and could be left with serious injuries. If an accident is caused by another road user, you may be eligible to make a claim for compensation for any suffering caused. Therefore, in this guide, we’ll explain what you should do after a cycle accident.
We are going to provide information on each thing you should do following an accident ranging from stopping to check everybody is ok through to starting your claim. We’ll look at legislation that could be used to support a claim and demonstrate what amount of compensation could be paid.
After you have dealt with the accident at the scene, you might decide that you want to make a compensation claim for any injuries. For most people, there is a 3-year time limit from the date the accident happened to do so. However, claims involving children can be made by a responsible adult at any point before they are 18-years old. There are other time limits so please call our team to learn more.
We hope you find this article on cycle accident claims helpful and informative. After you’ve read it, our team will be happy to provide further free legal advice on the phone. We can help by assessing what happened, looking at the evidence, and explaining if you could take things further. Once you have finished reading, why not speak to a specialist from our team?
If you’ve suffered cycling injuries and are eligible to make a claim, you might be wondering about bicycle accident claim payouts.
Various factors impact cycling accident compensation. This section look at what different factors may be considered and how your payout will be calculated.
In personal injury claims, general damages compensate for your pain and suffering. In addition to general damages, special damages might also be included in your cycling accident compensation. Special damages are explored later in this guide.
The figures in our table below are from the April 2022 updated version of the Judicial College Guidelines (JCG). This document provides rough guidelines for legal professionals valuing general damages in personal injury claims.
|Other Arm Injuries
|A significant disability which is permanent, due to serious fractures in one or both forearms.
|£39,170 to £59,860
|Other Arm Injuries
|Covers the simple fractures of the forearm.
|£6,610 to £19,200
|Severe (iv) Moderate
|Multiple or complicated fractures to one leg. This could potentially impact employment, and may require future surgery.
|£27,760 to £39,200
|Less Serious (i)
|Covers fractures where the claimant may be left with a limp, impaired mobility or is left with a metal implant. There will have been reasonable recovery.
|£17,960 to £27,760
|Injuries to Pelvis and Hips
|Significant injuries of the hips or pelvis but where any permanent disability is not massive.
|£26,590 to £39,170
|Some useful wrist movement remains despite a significant disability.
|£24,500 to £39,170
|Covers ankle fractures and ligament tears that result in less serious disabilities, such as awkwardness on stairs.
|£13,740 to £26,590
|More serious disc lesions, wrenching type injuries and soft-tissue injuries causing permanent or recurring pain, limited movement or discomfort.
|Brain and Head Injuries
|This bracket is for a minor head or brain injury. The amount awarded will be based on the severity of the injury, any continuing symptoms, how long recovery took and if the claimant still suffers headaches.
|£2,210 to £12,770
|Damage to Teeth (i)
|A bracket that covers serious damage or loss of several front teeth.
Call our advisors for a more personalised estimate of your cycling accident compensation.
In addition to general damages, you can sometimes include any financial losses as part of the claim. This element is known as special damages. Again, cases vary but you could ask for:
- Care costs. This could help cover the time a family member took helping you to recover. In some cases, you could claim for professional’s carer’s fees too.
- Medical expenses. Even with the excellent treatment that you’ll receive free on the NHS, you could still end up paying for prescriptions, some non-NHS services or other non-prescription medication. Therefore, these costs could be added to your claim.
- Travel costs. In cases where you need to visit your GP or a hospital, you might need to pay for parking, fuel or public transport fees. Again, these costs could be added to your claim.
- Lost income. Having to stay away from work to recover can be costly. Therefore, if you lose any income as a result of your injuries, you might be able to include it in the claim.
- Property damage. This could be claimed to cover the damage to your bike, helmet or clothing during the accident.
- Future lost income. Where a serious injury impacts your ability to work (in the long-term), you could claim the income you’ll lose in the future. The amount awarded will depend on how old you are, your job prospects and your current salary.
It’s worth noting that you should not benefit from special damages. They are not a penalty or fine. They are designed to make sure you are in the same financial position as you were before you were injured.
What Is A Bicycle Accident?
For the purposes of making a personal injury claim, a bicycle accident is one where:
- You were owed a legal duty of care.
- An accident was caused by a negligent road user (breaking their duty of care).
- You suffered at least one injury in the accident.
In order to have a valid claim, a third party must have owed you a duty of care. Proving that the accident happened and how you were injured will be easier if you follow the steps we’ll outline over in the next part of this guide.
If you do feel that you would like to talk to us about starting a claim, please get in touch. Our team will happily provide free legal advice and review your claim with you. If there’s a chance you could be compensated, a personal injury solicitor from our panel will look at the feasibility of claiming with you.
What You Should Do After A Cycle Accident?
We are now going to take a good look at what you should do after a cycle accident. During the next few sections, we’ll provide step by step instructions on what you need to do legally, and what could help if you decide to claim. On some cycling safety sites, you may see these steps in a long list, but we’ve decided to include a bit more information to help you.
Make Sure You Stop After The Accident
If you are involved in a cycling accident, involving others, stop at the scene of the accident. Also, if you are able to do ensure others involved are not hurt. If anyone is hurt call the emergency services. When accident is blocking the road the police may need to be called. If your accident involves a vehicle then they must legally stop at the scene of an accident according to the Road Traffic Act 1988.
Supplying your details is important. If another party won’t supply the information required, you should write down a description of the person and their vehicle registration number. If a motorist fails to provide their name and address section 170 (3) of the Road Traffic Act 1988 says they must report the accident to the police and supply their details.
Check To See If Anyone Is Injured
Once you have stopped at the scene of the accident, you should check that everybody is OK. But only if you are not hurt yourself and it is safe to do so. While doing so, you should make sure you don’t put yourself in danger, especially on busy roads. If there is a serious injury, you should call 999 for immediate medical attention.
If you do sustain an injury that doesn’t require ambulance treatment, we’d still advise seeking medical treatment as soon as possible. That’s because leaving an injury untreated can make things worse and cause additional problems. Also, some symptoms don’t present immediately especially with the effects of adrenaline.
At a later date, if you do decide to begin a claim, medical records can be requested from the hospital or doctor’s surgery that treated you. These could help prove the level of your injuries and what treatment you had to endure.
Exchange Insurance Information With The Other Party
Another important step to take at the scene of the accident is to get the details of any motorist. Ask for their insurance details. That’s because, if a claim is to be made, it will usually be directed towards the motor insurance company.
If possible, you should ask for the driver’s name, address and telephone number. Additionally, it’s a good idea to write down the make, model and vehicle registration number. If the driver does have a copy of their insurance policy, try to photograph it. At the very least, they should be able to tell you the name of the insurance company.
Importantly, we would advise that you not say anything that could be described as an apology or admittance of guilt. Although this wouldn’t exclude you from claiming, it could be used against you when trying to work out liability for the accident.
Take Photos And Get Witness Statements
Photographs can be really useful when trying to work out what caused an accident to happen. Where possible, you should attempt to capture the scene before any vehicles are moved. However, we’d strongly advise you to do this without putting yourself, or anybody else, in danger.
As well as photographs, you could see if anybody who witnessed the accident has dashcam or helmet camera footage. Furthermore, you may be able to obtain copies of CCTV footage if any cameras covered the accident scene.
Finally, ask any witnesses for their details. This should include a name, address and telephone number. Do not try to get a statement at the scene. Your lawyer can do this to help prove liability at a later date.
If you’d like us to check over what evidence you have managed to secure, please call the number above today. We could also help you if you’re struggling to obtain copies of CCTV footage.
If you call the emergency services because somebody is injured in a road traffic accident, the police will usually attend the accident scene as well as medical services.
However, in accordance with the Road Traffic Act 1988, if you are a driver of a vehicle and you do not give those involved in the accident your details you must report the accident to the police. This must be done in 24 hours.
Steps To Follow After A Cycling Accident
OK, now we’ve explained what you should do after a cycling accident, we’re going to reiterate the required actions in a simple list. You should:
- Make sure you stay safe.
- Try to look after other’s safety.
- Swap personal and insurance details where necessary.
- Video or photograph the accident scene with your phone.
- Gather details of any witnesses.
- Report the accident where necessary.
- Seek medical treatment as soon as possible.
- Report the accident to an insurer if you have cover.
- Retain any damaged property or receipts relating to costs you’ve incurred.
Once you have done as much as you can, your next step could be to talk to us. Our team of advisors will happily review your case with you, look at the evidence and explain your options. We could also help you by appointing a personal injury solicitor from our panel. If they agree to take on your case, they’ll do so on a No Win No Fee basis.
How Long Do I Have To Claim For A Bike Accident?
If you have been injured in a cycling crash and would like to make a road traffic accident claim, you must ensure you start your claim within the relevant time limits. These time limits are stated in the Limitation Act 1980. These time limits generally are:
- Three years from the date you were injured in the cycle accident.
- Three years from the date you realised that your injury was caused by the bike accident.
However, there are some exceptions to these limitations. For example:
- If the claimant was a minor when the accident happened, they would have 3 years to start a claim once they turn 18. Before this point, a litigation friend could make a claim on their behalf. This is someone who is appointed to make decisions on their behalf.
- If someone lacks the mental capacity, they will have 3 years to make a claim if they regain their mental capacity. Before this point, a litigation friend can pursue a claim for them.
Contact our advisors if you have any questions concerning bicycle accident claim payouts for successful cases or if you are wondering whether you still have enough time to start your claim.
For your information, here are some statistics relating to cycle injuries from ROSPA, an accident prevention charity. They also provide advice on what you should do after a cycle accident on their website.
These figures relate to cycling accidents in 2018. They show that:
- 99 cyclists died in the year. 94 were adults and 5 were children.
- On top of that, 4,106 cyclists suffered serious injuries.
- 13,345 cyclists were slightly injured.
If you believe you have suffered following a cycling accident caused by somebody else, we could help you begin a claim. Our advisors will listen to your story, assess your evidence and provide free legal advice on what to do next.
No Win No Fee Cycling Accident Claims
We realise that many people worry about what legal representation will cost when making a claim. That’s the reason we work with a panel of cycling accident claim solicitors who work on a No Win No Fee basis. If your claim is accepted, not only will you benefit from the experience of a legal professional, but your financial risks will be lowered as well.
Before offering this service, the solicitor will carry out an assessment of your case. If they’re of the opinion there is a chance of success, they’ll provide a Conditional Fee Agreement (CFA) for you. This contract will explain the conditions that must be met before your solicitor is paid. Additionally, it will show that:
- Claims can start right away as no upfront charges are made.
- You won’t be asked to pay any solicitor’s fees during the processing of your claim.
- If the claim does not succeed, solicitor’s fees will not be requested at all.
The only situation where the solicitor will be paid is when compensation is awarded. If that does happen, a percentage of your compensation will be kept to cover the lawyer’s work. This is listed as a success fee in the CFA so you can see what percentage you’ll pay before you sign up with the lawyer. By law, success fees are limited to 25%.
When you are ready to discuss your claim, we’ll be here to help. If you would like to get in touch about a bicycle accident, you can:
- Call for free legal advice from a specialist advisor on 0161 696 9685.
- Let us know about your claim via our enquiry form.
- Discuss how you’ve been injured with an online specialist in live chat.
When you get in touch, an advisor will go over everything with you. They’ll give free legal advice about your case and assess the claim for you. Claims that appear feasible could be passed to a personal injury solicitor from our panel. Any that are taken on will be processed on a No Win No Fee basis.
We hope that you now know what you should do after a cycle accident. Thank you for reaching this final section of our guide. To provide further assistance, we’ve added some helpful resources below:
The Highway Code – This link is for sections 59 to 82 of the Highway Code which is specifically for cyclists.
Think! Road Safety – A government campaign to keep road users safe.
We are able to deal with many other types of compensation claims. To give you some idea of other ways he can help, we’ve added some additional guides below.
Concussion Claims – An article that sets out when you could be compensated for concussion injuries.
Proving Workplace Injuries – Information on how to prove that you’ve been injured at work.
Workplace Fall Claims – Advice about claiming if you’ve been injured following a slip, trip or fall at work.
Other Cycling Accident Claim Guides
- Cycling Accident Claims
- Proving Who Is At Fault For A Cycling Accident
- Car Dooring Accidents Claims
- Can I Claim Compensation For Cycling Without A Helmet?
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Published by AL.