This guide will explore when you could be eligible to make a personal injury claim as a cyclist hit by a car. Firstly, we provide information on the eligibility criteria that need to be met in order to have valid grounds to seek cycle accident compensation as well as the evidence you could gather to support your case, and how compensation for cyclist accident claims is calculated.
Additionally, we discuss the duty of care road users owe one another and how a breach of this duty could lead to a cyclist being injured after being hit by a car.
Lastly, our guide looks at the benefits of working with a solicitor from our panel under No Win No Fee terms.
Read on to learn more about cycling accident claims. Alternatively, you could speak to an advisor from our team if you have any specific queries. They are on call to offer you free advice at a time that is most convenient to you. To get in touch:
- Call us on 0800 073 8802
- Use our live chat at the bottom of the screen
- Contact us online
Choose A Section
- When Are You Eligible To Claim As A Cyclist Hit By A Car?
- If You’re A Cyclist Hit By A Car, What Compensation Could You Receive?
- How Could A Cyclist Be Hit By A Car Due To Driver Negligence?
- Evidence That Could Help You In A Bicycle Accident Claim
- Make A No Win No Fee Cycle Accident Claim
- Learn More About Cycle Accident Claims
When Are You Eligible To Claim As A Cyclist Hit By A Car?
Road users must use their vehicles and operate the roads in a way that prevents themselves and others from sustaining damage or injury. They can uphold this duty by adhering to the Road Traffic Act 1988 and The Highway Code.
If a road user breached this duty of care and caused you as a cyclist to be hit by a car and sustain harm, you might wonder when you could seek compensation.
To start a personal injury claim, you need to show:
- A duty of care was owed to you.
- This duty was breached.
- You experienced harm as a result.
The three points define negligence in tort law so if you have evidence of negligence occurring, you might have valid grounds to pursue a claim against another road user.
If you would like to know whether you qualify to make a road traffic accident claim, please get in touch with an advisor from our team.
If You’re A Cyclist Hit By A Car, What Compensation Could You Receive?
If you make a successful claim as a cyclist is hit by a car, the compensation payout you could receive may comprise the following two heads of loss:
- General damages: Compensating for the pain and suffering of your injuries, physical, psychological, or both.
- Special damages: Compensating for the financial losses you have incurred as a result of your injuries. For example, loss of earnings, care costs, and medical expenses. Evidence, such as payslips and invoices, can help prove these losses.
We have provided you with a table of guideline compensation brackets that have been provided by the Judicial College Guidelines (JCG). This is a document that those responsible for calculating general damages can use to assist them.
However, these amounts should only be used as guidance due to each road traffic accident claim being completely unique. Also, the top entry in the table is not from the JCG.
Injury | Severity | Compensation Bracket - Guidelines | Details |
---|---|---|---|
Multiple Serious Injuries with Special Damages | Serious | Up to £1,000,000+ | Compensation could be awarded for financial losses, such as care costs and lost income, as well as multiple serious injuries. |
Head | Very severe | £282,010 to £403,990 | The person needs full-time nursing care. |
Arm Amputation | Loss of both arms (a) | £240,790 to £300,000 | Both arms are lost leaving the person in a state of considerable helplessness. |
Arm Amputation | Loss of one arm (b) (ii) | £109,650 to £130,930 | One arm is amputated above the elbow. |
Back | Severe (i) | £91,090 to £160,980 | A very severe back injury that includes damage to the spinal cord and nerve roots. |
Moderate (ii) | £12,510 to £27,760 | Injuries such as ligament disturbance and muscle disturbance causing back ache. | |
Hand | Serious Damage (b) | £55,820 to £84,570 | Both hands are affected and there is permanent cosmetic disability with a loss of function that is significant. |
Call our team for more information on compensation in cycle accident claims.
How Could A Cyclist Be Hit By A Car Due To Driver Negligence?
There are several ways a cyclist could be hit by a car. For example:
- Another road user fails to check their mirrors when changing lanes. As a result, they do not see a cyclist and collide with them. This leads to them falling off and suffering a shoulder injury.
- A driver is driving over the speed limit and is unable to stop their car before they crash into a cyclist stopped at a junction. Consequently, the cyclist suffers a back injury leading to paralysis.
- A driver is under the influence of alcohol when driving, which causes them to swerve into the cyclist’s lane. Subsequently, they are knocked off their bike and sustain an arm injury and serious head injury.
If you have been injured in a similar accident or would like to discuss your specific circumstances, please speak with our advisors for more information. They can help you understand whether you’re eligible to seek compensation.
Evidence That Could Help You In A Bicycle Accident Claim
To prove you were injured by the negligence of another road user, the extent of your injuries, and how they impacted you, you should gather evidence. This could include:
- CCTV or dashcam footage of the incident
- Pictures of your injuries and the scene in which they were suffered
- A diary of symptoms, treatments, and the physical and mental impacts of the injury on your life.
- A copy of medical records after receiving treatment.
- Witness contact details for statements to be taken at a later date.
A solicitor from our panel can assist you with the process of gathering evidence. They also have experience handling cycle accident claims. Please get in touch with our advisors for more details about working with an expert solicitor.
Make A No Win No Fee Cycle Accident Claim
You could find it beneficial to instruct one of the expert cycle accident solicitors from our panel. They generally represent claimants on a No Win No Fee basis and could offer you a contract known as a Conditional Fee Agreement (CFA).
Under a CFA, there are generally no fees to be paid upfront or during your claim for the solicitor’s work. Furthermore, you generally do not have to pay for the services that are provided by your solicitor if your claim is not successful.
However, if your claim is a success, you will be expected to pay a success fee to your solicitor. This will be taken from the compensation you’re awarded as a percentage, but the legal cap on the percentage ensures you receive the majority of your payout.
Our advisors are on call at all times to assess your claim and determine whether you are eligible to seek compensation as a cyclist hit by a car. If you are, they may connect you with one of the No Win No Fee solicitors from our panel.
To get in touch:
- Call us on 0800 073 8802
- Use our live chat at the bottom of the screen
- Contact us online
Learn More About Cycle Accident Claims
Here are some more of our guides that you could find useful when looking to make a cycle accident claim:
- Find out whether you could claim for whiplash following a car accident.
- Learn how to claim as a pedestrian hit by a car in an accident that wasn’t your fault.
- Discover how car accident claims solicitors could assist you in seeking compensation.
Moreover, we have included further reading that could be of benefit to you when making a road accident claim:
- NHS – When to call 999
- Motor Insurers’ Bureau (MIB) – Information about making a claim when hit by an uninsured or untraceable driver.
- GOV.UK – Statutory sick pay
Thanks for taking the time to read this guide on when you could claim as a cyclist who was hit by a car and the compensation you could be owed, please do not hesitate to get in touch with an advisor from our team.