By Lewis Lennon. Last Updated 17th November 2023. Whilst cycling is a green method of transport that is good for our health, it can also be risky. Cyclists don’t benefit from as much protection as other road users when they are involved in an accident and can suffer from very serious injuries if knocked off of their bike. Therefore, in this article, were going to show you how to prove who is at fault for a cycling accident. We will look at what evidence you can use to help prove liability and how to obtain it. Also, we’ll look at the things you could seek damages for and potential compensation amounts.
If you are a cyclist who has been knocked off your bike and injured because of somebody else’s negligence, we could help. Our personal injury claims team offers free legal advice for all claimants. They’ll consider your case in a no-obligation consultation and could refer you to a personal injury lawyer from our panel. If they agree to move forward with your case, they’ll offer their service on a No Win No Fee basis.
To learn more about proving liability for a cycling accident, please read the rest of this article. If you’d rather discuss your case with a specialist straight away, please call us on 0161 696 9685 today.
Select A Section
- When Could You Make A Claim For A Cycling Accident?
- Evidence Which Could Support A Claim
- Time Limit For Making A Cycling Accident Claim When Another Party Is At Fault
- Cycling Injury – Potential Settlement Value
- How Else Could You Be Compensated?
- Cycling Accident Claims With A No Win No Fee Solicitor
- More Information On Proving Liability For Cycling Accidents
While using the roads, all road users owe one another a duty of care. This duty means that they must navigate the roads in a manner that prevents harm to themselves and to others. To uphold this duty, they are expected to comply with the Highway Code and the Road Traffic Act 1988 (RTA).
However, a breach in duty of care alone is not enough to start a compensation claim. In order to make a valid personal injury claim for a bike accident, you will need to determine the following:
- You were owed a duty of care
- This duty was breached
- You were injured as a result
Additionally, you must take steps to claim cycling accident compensation within the time limit. To find out if you are eligible to make a cycling accident claim, contact one of our advisors today. If they find that your case meets the relevant criteria, they may connect you with a solicitor from our panel.
In any personal injury claim, you will need evidence to substantiate your allegations. Here are some examples of evidence you could use:
- Witness statements. Therefore, you should take down the contact details of anybody who saw what happened.
- CCTV footage if there is any covering the area. You are fully entitled to ask for copies, but please let us know if you’re finding it difficult.
- Dashcam or helmet camera footage.
- Medical reports from the hospital or GP who treated your injuries.
- Police statements if they attended the scene.
- Photographs of the scene of the accident. You should try to take these before the scene is cleared.
The more evidence you can gather at the time, the better. However, don’t worry if you don’t yet have everything you need. If you call our team, they will review your case, look at the evidence you have, and let you know if there is anything else you need. Why not let us review your case for free today?
As set out in the Limitation Act 1980, the time limit for starting a personal injury claim is three years. This time limit usually begins from the date of your accident.
The time limit can be different under certain circumstances. For instance, if a child is injured in a cycling accident, then the time limit is paused until their 18th birthday. Before that day comes, a claim could be made on the child’s behalf by a court-appointed litigation friend. However, if a claim has not been made by their 18th birthday, they will have three years to start a claim.
If the injured party lacks the mental capacity to start a claim on their own, then the three-year time limit is indefinitely suspended. A litigation friend could make a claim on the injured party’s behalf. If a litigation friend hasn’t made a claim and the injured party regains enough mental capacity to claim, then the time limit will start from the date of recovery.
If you need more advice on how much time you have to start a personal injury claim for your cyclist injury, you can contact our advisors.
Compensation in a personal injury claim can be awarded under two categories – known in a claim as heads of loss. These are:
- General damages, for the pain and distress that an injury may have caused
- Special damages, for monetary losses you may have suffered because of your injury
The table below displays potential cycle accident injuries and their associated value in the Judicial College Guidelines (JCG). The figures shown are not an exact reflection of what will always be awarded for these injuries as every case is assessed individually.
The JCG was last updated in 2022 and is used by legal professionals to help value general damages.
|Type of Injury
|Notes / Examples
|Multiple illness and injuries plus losses
|Up to £500,000+
|You may receive a settlement for multiple injuries alongside losses inflicted by your injuries.
|Covering severe fractures, dislocations and damaged tendons causing chronic problems
|£31,310 to £50,060
|This category is for injuries that require extensive treatment or those that require plates and pins to be inserted.
|Fractures or dislocations which lead to immediate and severe symptoms that could require spinal fusion.
|£14,840 to £26,190
|Injuries that cause wasting, weakness and other mild disabilities.
|£12,770 to £19,200
|Dislocated shoulder with effects extends to the lower part of the neck
|£2,210 to £12,770
|Covers minor head or brain injuries. The amount awarded will depend on the severity of the injury, recovery time, continuing symptoms and the presence of headaches.
|£7,890 to £12,510
|Any type of soft tissue injury where recovery takes place within 2 to 5 years without surgery.
|Serious damage or loss of several front teeth.
|£6,080 to £10,350
|This category covers fractures which take a little longer than normal to recover from but where there is no lasting damage.
Your claim for special damages will reflect your personal injury related monetary losses. For example, you could be compensated for:
- Affected income
- Treatment, medicine or care costs
- Costs for aids to help you cope with your injury
We give you more information about claiming for a cycle injury further in this guide. Alternatively, get in touch with our advisers, who are available to answer any questions you have directly about how to claim against a driver, or what to do as a cyclist if you’re at fault for a car accident in the UK
In addition to injury compensation, you could claim any costs and financial losses linked to the accident. This is referred to as special damages. Again, each claim is different, but you could ask for:
- Medical costs. Mostly, you’ll receive free treatment from the NHS. However, you could still claim for medication from the pharmacy, prescription costs and medical services you’ve had to pay for.
- Care costs. You might need support with everyday activities following a cycling accident. Therefore, you could include the cost of care in your claim. For example, you could calculate an hourly rate for the time a friend spent supporting you.
- Travelling expenses. If you need to attend medical appointments, you should not be left out of pocket. That means you could claim for fuel, parking fees and other travel-related costs.
- Lost income. Taking time off work may aid your recovery. However, it could also cost a lot too. If that’s the case, you could ask for lost income to be paid back.
- Home adaptations. For more serious cases where the claimant is left disabled, changes to the home may be needed to help them cope with daily activities. The cost of those changes could be added to your claim.
- Future lost income. If an injury means you can’t carry on working the same number of hours or at the same level for a long period, you could look at a claim for future lost earnings. The amount awarded will be based on salary, age and job prospects.
There are many reasons why cycling accidents don’t result in a compensation claim. One is that the claimant is concerned about how much legal support will cost. You shouldn’t let that put you off calling us though. That’s because our panel of specialist lawyers work on a No Win No Fee basis for all claims they accept. By doing so, you receive expert legal representation with reduced financial risks.
To start the claims process, the lawyer will check the viability of your case. If they believe it can be won, they will supply you with a Conditional Fee Agreement (CFA). This contract sets out what the lawyer needs to do to be paid. Additionally, it will explain that:
- No money will be requested upfront.
- You will not be expected to pay lawyer’s fees while your claim is being handled.
- Any lawyer’s fees will not be charged in the event that your case fails.
Your lawyer will only receive payment for their work if you are compensated for your injuries. This is called a success fee. So that you know how much is payable before you sign up with a lawyer, their success fee is listed in the CFA. For reference, success fees are capped to a small amount by law to stop overcharging.
If you’re ready to find out if you could get support from a No Win No Fee cycling accident solicitor for your claim, you can get in touch with our team today. You can:
- Call our advice centre on 0161 696 9685.
- Fill in this enquiry form so that we can arrange to contact you when it’s convenient.
Hopefully, you now know how to prove who is at fault for a cycling accident. In this final part of our guide, you’ll find links to some useful external resources. If you need any additional information, please don’t hesitate to contact us.
- Concussion And Head Injuries – Important advice from the NHS on when to seek treatment for different head injuries.
- Cycle Safety – Guidance on safer cycling from a charity that is trying to prevent head injuries.
- Brake – A UK charity that campaigns to make the roads safer for all users.
- Advice.co.uk is able to support many different types of claims. Therefore, we’ve linked to some more of our guides below.
- Shoulder Injury Claims – This article shows how a personal injury solicitor could support a claim for shoulder injuries.
- Claiming After Being Stabbed – Information on how stab victims could be compensated through a government scheme.
- Workplace Accident Claims – Details on when you could claim for injuries sustained whilst working.
Other Cycling Accident Claim Guides
- Cycling Accident Claims
- What You Should Do After A Cycle Accident
- Car Dooring Accidents Claims
- Can I Claim Compensation For Cycling Without A Helmet?
Thank you for reading our guide to finding out and proving who is at fault for a cycling accident.