By Stephen Kane. Last Updated 9th June 2023. If you are a cyclist who was hit by a car because the driver breached their duty of care, you may be entitled to claim compensation. In this guide, we offer advice on making a personal injury claim for this type of road traffic accident.
Furthermore, we’ll look at the criteria for making a personal injury claim, and the duty of care road users owe each other. We will also explain what the personal injury claim time limits are and the types of compensation that could be awarded in a successful claim. This guide also talks through different types of accidents involving a cyclist being hit by a car that may happen. We’ll also offer advice on making a claim with the support of a No Win No Fee solicitor.
To speak to an advisor about making a personal injury claim, you can contact our team of friendly advisors. They’re available 24 hours a day, 7 days a week, to help address your questions and offer free advice. To contact our team, you can:
- Call 0161 696 9685 for free legal advice
- Contact us online to request a callback
- Or use our 24/7 live chat to ask an advisor a question
Select A Section
- How Could A Cyclist Be Hit By A Car?
- What Payout Could A Cyclist Hit By A Car Claim?
- What Duty Of Care Do Road Users Owe Cyclists?
- Types Of Injuries A Cyclist Hit By A Car Could Suffer
- How To Claim If A Car Hit You
- Begin Your Claim Against A Car Driver
As we have mentioned, cyclists are road users requiring extra care. So, cars should pay due care and attention to make sure they do not cause collisions with cyclists. Here are some examples of how a car can hit a cyclist:
- The car can reverse into the cyclist if they don’t check their mirror when pulling out of a driveway.
- A car can hit a bicycle at a junction if they don’t make the correct observations.
- If a car is driving on the wrong side of the road, a head-on collision with a cyclist could occur
- Or the car can cause a rear-end accident if they drive into the back of a bicycle.
- Car dooring accidents can hit a cyclist. This is where a car door is opened in the path of a cyclist.
- Or a motorist who is driving under the influence of drugs or alcohol may hit a cyclist.
In addition, cyclists can be responsible for an accident if they, too, are not paying due care and attention and are not following the rules and guidance set out in the highway code. It is vital that all road users uphold the duty of care they owe to each other.
You can receive up to two heads of loss if your cycling accident claim is successful:
- General damages compensate you for the impact of your injuries on your quality of life and the physical and mental harm they caused.
- Special damages reimburse you for unavoidable costs and losses your injuries caused.
Here are some examples of special damage payments you could claim:
- Medical expenses
- Travel costs
- Care costs
- Payment to cover your loss of earnings
- If your injuries cause a disability, you can receive funds to adapt your home or pay for mobility equipment you need
How Much Is Your Claim Worth?
The table lists common injuries with amount brackets taken from the Judicial College Guidelines JCG (16th edition 2022). The JCG is used by road traffic accident claim solicitors when calculating general damages.
|Form And Severity Of Injury||About The Injury||Settlement|
|(A) Very Severe - Head Injury||The person does have a sleep/ waking pattern, they could follow some basic instructions but professional care is needed full time.||£282,010 to £403,990|
|(B) Moderately Severe - Head Injury||The person is seriously disabled. They are also significantly dependant on other people and require constant care.||£219,070 to £282,010|
|(A) (i) Severe - Neck Injury||The person has little to no movement in their neck, suffers from headaches and could have incomplete paraplegia.||In the region of £148,330|
|(A) (ii) Severe - Neck Injury||Permanent injury to the brachial plexus, loss of neck movement and loss of limb function.||£65,740 to £130,930|
|(A) (i) Severe - Back Injury||Incomplete paralysis could lead to impaired organ function such as bladder and bowel impairment.||£91,090 to £160,980|
|(A) (ii) Severe - Back Injury||The person could be left with injuries to the nerve roots. This could leave the person with reduced sensation and mobility.||£74,160 to £88,430|
|(C) Very Severe - Foot Injury||Injuries causing severe and permanent pain and disability.||£83,960 to £109,650|
|(B) - Wrist Injury||A wrist injury which results in significant and permanent disability in the wrist. There does remain some useful movement.||£24,500 to £39,170|
|(F) Severe Finger Fracture - Hand Injury||This injury could lead partial amputation.||Up to £36,740|
|(J) Index Finger Fracture - Hand Injury||This may be appropriate where the finger was fractured, it did heal quickly but was left impaired.||£9,110 to £12,240|
Please note the compensation brackets in the table are not guaranteed payments. If your claim succeeds, what you receive may differ. Special damage payments are not in the table.
Under the Road Traffic Act 1988 RTA, road users owe each either a duty of care not to cause damage or injury. The Highway Code is a set of rules and guidelines for all road users to follow. Following and adhering to the Act and the Highway Code can ensure that all parties using the road can remain safe.
Furthermore, updates to The Highway Code in 2022 establish a hierarchy of road users. Under the hierarchy of road users, less vulnerable road users, such as those inside vehicles, have more responsibility for the safety of vulnerable road users, such as cyclists and pedestrians.
If you were a cyclist hit by a car, you might have been injured. Your injuries may have been minor. Or you could have suffered severe injuries that seriously affected your quality of life. We have included some examples of potential injuries below:
- Broken or fractured bones
- Head injuries or concussion
- Organ damage, such as a punctured lung
- Cuts and lacerations or road rash
- Nerve damage, which can permanently reduce mobility
- Or dislocated shoulder or kneecap injuries
To claim compensation for a cycling accident, you must start your claim within the personal injury claims time limit. Under the Limitation Act 1980, this is normally 3 years. Your limitation period will normally start on the day of your accident. There are exceptions to this time limit.
For your claim to be valid, you will need to provide evidence to prove the following:
- Firstly, the driver of the vehicle that hit you owed you a duty of care.
- Secondly that the driver of the vehicle acted negligently on the roads, leading to an accident.
- And you were subsequently injured in the accident.
Supporting evidence for your claim can include your medical records, the police report, photographs of your injuries and CCTV footage.
To enquire about making a personal injury claim, please get in touch with Advice today. If our team believe you are eligible for compensation, a skilled solicitor from our panel could offer to handle your compensation claim.
You could opt to work with a No Win No Fee solicitor for your claim. A Conditional Fee Agreement which is a type of No Win No Fee arrangement, means you will only pay a success fee if you win your claim, and you won’t pay an upfront solicitors fee. Your success fee is deducted from your compensation payment. And it is legally capped.
To make your claim, please reach out to Advice.co.uk today:
- Call 0161 696 9685 to speak to a claims advisor
- Contact us using our online claims form
- Or use the live chat widget to speak to our team
More Information On Claiming For A Road Traffic Accident
You might find the following guides helpful if you want to claim compensation for an accident on the roads.
We hope this guide was helpful if you were a cyclist hit by a car.