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
- A Guide To Who Is At Fault For A Cycling Accident
- Calculate A Cycling Accident Compensation Settlement
- How Else Could You Be Compensated?
- What Is Fault For A Cycling Accident?
- What Rules Should Cyclists Follow When Riding On The Road?
- Evidence Which Could Support A Claim
- How Medical Evidence Could Support Your Claim
- Who Could Be At Fault For A Cycling Accident?
- When Could A Cyclist Be At Fault?
- How To Prove Who Caused The Accident?
- What Is An Admission Of Liability For A Cycling Accident?
- Who Is At Fault For A Cycling Accident?: Make A No Win No Fee Claim
- Speak To Our Team
- More Information On Proving Liability For Cycling Accidents
A Guide To Who Is At Fault For A Cycling Accident
If you’re reading this article, you’ve no doubt been involved in a cycling accident and you are thinking of seeking compensation for your injuries. If that’s the case, please carry on reading as we’ll supply advice on what you need to do.
Cycling has become more and more popular in recent years. Some cycle to get fit while others use their bike to commute to work. While riding, you have a duty of care to try and keep other road users safe. The same is true of other road users who are passing you. If they fail to uphold that duty and cause an accident in which you suffer injuries, you could be entitled to claim compensation for your suffering. As we go through this guide, we’ll explain how you can show who is at fault for a cycling accident.
Proving liability can be a complex process, so we’ll explain what evidence you could obtain to back up your allegations. If you decide that you would like to seek compensation, you’ll need to adhere to the relevant time limits. Generally, you’ll have 3 years to claim. However, if the claim is being made on behalf of a child, you can begin at any point before they turn 18.
Our advice is to start your claim as soon as you can and to seek specialist legal representation to help you. A personal injury lawyer can use their experience to help you supply evidence to prove what’s happened. They will also handle all aspects of the claim for you including communication with the defendant and countering any objections they raise.
Calculate A Cycling Accident Compensation Settlement
When claiming compensation following a bike accident, you’ll usually start with general damages. This part of the claim aims to compensate you for any physical or mental pain and suffering you’ve endured. To give you some idea of how much could be awarded, we’ve added a compensation table below.
We should advise that every claim is unique. Therefore, the figures listed are for your guidance only. After your claim has been properly reviewed, the advisor should be able to offer a more personalised figure.
The figures in this table are taken from the Judicial College Guidelines, a document that can be used by lawyers, courts and insurers when settling claims.
|Type of Injury||Severity Level||Settlement Range||Notes / Examples|
|Teeth||Serious||£8,200 to £10,710||Serious damage or loss of several front teeth.|
|Head||Minor||Up to £11,980||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.|
|Neck||Moderate||£23,460 to £36,120||Fractures or dislocations which lead to immediate and severe symptoms that could require spinal fusion.|
|Back||Minor||£7,410 to £11,730||Any type of soft tissue injury where recovery takes place within 2 to 5 years without surgery.|
|Wrist||Moderate||Up to £9,620||This category covers fractures which take a little longer than normal to recover from but where there is no lasting damage.|
|Knee||Moderate||£13,920 to £24,580||Injuries that cause wasting, weakness and other mild disabilities.|
|Ankle||Severe||£29,380 to £46,980||This category is for injuries that require extensive treatment or those that require plates and pins to be inserted.|
As well as proving liability for the accident, you’ll need evidence to show the severity of your injuries. Therefore, during the claims process, you will be asked to attend a local medical assessment. The meeting will be conducted by an independent medical specialist. They will review your available medical notes, examine you, and ask questions about how you’ve suffered.
How Else Could You Be Compensated?
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.
What Is Fault For A Cycling Accident?
When we talk about making a personal injury claim for a cycling accident, we mean one where:
- You were owed a duty of care by the defendant (all road users have a duty of care towards others).
- They caused an accident.
- You suffered an injury as a result of the accident.
If an accident happened that was your fault, you may not be able to claim compensation. However, if you can show that another road user caused an accident in which you were injured because they breached their duty of care, we could help you start a claim. Please call today and let us know what happened and an advisor will provide free legal advice on how to proceed.
What Rules Should Cyclists Follow When Riding On The Road?
There are additional rules and recommendations for cyclists listed in The Highway Code. They include:
- Wearing a cycle helmet and appropriate clothing. This can include fluorescent or reflective clothing at night.
- Use lights on your bike if cycling at night. Reflectors must be installed.
- Use cycle lanes or tracks where possible. If the cycles are segregated from pedestrians, you must stick to the correct lane.
- Keep both hands on the handlebars except when changing gear or signalling.
- Do not ride close behind other vehicles.
- Ride in single file on busy or narrow roads. Never ride more than two abreast.
- Consider other road users. Use your bell to indicate you are there when necessary.
- Obey all traffic signals.
- Do not ride under the influence of drugs or alcohol.
Evidence Which Could Support A Claim
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?
How Medical Evidence Could Support Your Claim
A part of any compensation paid will be for the pain and suffering you’ve endured. That means it is very important that you can prove what injuries you suffered. One way of doing this is to use medical records.
Therefore, if you are injured following a cycling accident, you should attend A&E or a GP surgery for treatment. By doing so, your injuries will be properly assessed, and treatment will begin.
At a later date, you can request copies of your medical records. These can help prove the injuries that were present at the time of your treatment. We would always advise you to seek medical treatment as soon as possible following the accident. Having medical records that show your injuries were assessed and treated on the day of the accident can be helpful.
If you didn’t seek medical attention following your accident, you could still be able to claim. In order to prove that your injuries were caused by the accident, or at least worsened by it, you would attend a medical assessment as part of the claims process. The independent medical professional doesn’t necessarily need any previous records to assess this.
Who Could Be At Fault For A Cycling Accident?
As we have explained, proving who caused the cycling accident in which you were injured is essential. If you aren’t able to do so, it will be very difficult to make a successful claim.
It is possible for a cycling accident to be caused by:
- A car, van or lorry driver.
- Public transport drivers including bus, tram or taxi drivers.
- Pedestrians stepping out in front of the cyclist.
- The local authority (where a road is poorly maintained, for instance).
- The cyclist.
It is also possible, in some cases, for the cyclist to be partly to blame for the accident. If this happens, you could still claim. If it is found that you were partially responsible for your injuries, when payment is made, it will be reduced by a percentage to reflect your level of responsibility.
When Could A Cyclist Be At Fault?
While many cyclists ride safely and obey the rules of the road, there are times when they could be responsible for an accident. If that’s the case, they would not be able to claim. In fact, on occasion, the other road user may wish to claim against the cyclist if they’re to blame for an accident. Examples include where the cyclist:
- Ignores red lights or stop signs.
- Was riding on the wrong side of the road.
- Pulled out of a junction when there wasn’t enough time.
- Was riding on the pavement and hit a pedestrian.
How To Prove Who Caused The Accident?
So, how do you prove who was responsible for a cycling accident? Well, you certainly shouldn’t rely on the defendant to admit liability. Even if they do so at the roadside, they could change their mind once they’ve discussed the accident with their insurer.
To reiterate what was discussed earlier, if you are involved in a cycling accident, we would advise you to:
- Write down the names and contact numbers of any witnesses.
- Call the police if you or another road user is injured.
- Ask for copies of any dashcam footage available.
- Attend A&E for immediate assessment and treatment of your injuries.
- Take photographs of the accident scene.
Gathering evidence at the time of an accident is much easier than returning to the scene later on. Therefore, where possible, do as much as possible before you leave. If the police or an ambulance attend the scene try to record the names or numbers of the officers who deal with you.
What Is An Admission Of Liability For A Cycling Accident?
Proving liability is an important step to being compensated for your injuries. However, you can’t simply take an apology at the side of the road as evidence to win your case. Instead, you will need the defendant’s insurer or legal representative to confirm their client is liable.
If full liability is agreed upon, then the claims process can move on to calculating how much compensation needs to be paid. However, liability could be accepted with stipulations. For instance, the defendant’s insurer might want you to provide them with medical evidence. They could also argue that you contributed to the accident in some way (contributory negligence) to try and reduce how much is paid.
Who Is At Fault For Cycling Accident?: Make A No Win No Fee Claim
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.
Speak To Our Team
As we’ve shown you how to prove who is at fault for a cycling accident, you may now wish to discuss your accident with us. If that’s true, here’s how to get in touch:
- Call our advice centre to speak with a specialist on 0161 696 9685.
- Ask an advisor to explain your options in live chat.
- Fill in this enquiry form so that we can arrange to contact you when it’s convenient.
Our advisors are ready to help when you get in touch. They won’t make any false promises and will be completely open about the likelihood of winning your case. If the case does appear strong enough, they could refer you to a lawyer from our panel. If the claim is taken on, the lawyer will work for you on a No Win No Fee basis.
More Information On Proving Liability For Cycling Accidents
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.
Thank you for reading our guide to finding out and proving who is at fault for a cycling accident.
Page by TE
Published by HE