Here in this guide you will learn about cycling accident claims-personal injury claims that can be made by people who have been involved in accidents while riding their bikes that where not their fault. These claims are for compensation for the injuries, emotional harm and financial losses that people might have to deal with when they have been in a cycling accident. This guide will also outline the benefits of making a no win no fee claim with our panel of solicitors. Please read through this guide and feel free to get in touch with our team of advisors if you want more information.
- A Guide To Cycling Accident Compensation Claims
- What Is A Cycling Accident?
- What Could You Claim If Injured In A Cycling Accident Which Was Not Your Fault?
- Bicycle Accident Compensation Calculator
- Cycling Accident And Safety Statistics
- Tips For Safe Cycling
- Causes Of Cycling Accidents
- Common Types Of Injuries From Bike And Cycling Accidents
- Cyclist Hit And Run Claims
- Cycling Accidents Involving Uninsured Drivers Or Stolen Vehicles
- What To Do If Injured In A Bike Accident?
- How Does The Cycle Accident Claims Process Work?
- Cycling Accident Claim Time Limits
- No Win No Fee Cycling Accident Claims
- Contact A Cycling Accident Claims Solicitor
- Related Information And References
Put together British cyclists clock up 3.3 billion miles a year in bike journeys. Millions of us own and use bikes for commuting, running errands or simply for fresh air and exercise. About 7.6 million people use a bike at least once a month. That’s according to Department of transport statistics on Cycling UK’s website. Once put in this context the figure of 18,477 cyclists who were injured in road accidents in 2016 shows that cycling is a fairly safe activity. However accidents do happen, and in cases where it was the fault of third party the victim could be entitled to compensation.
On this page you will find information on what different types of costs and injuries could be covered by bike accident compensation. What some of common causes and effect’s of cycling accidents are. How you can reduce your chances of being involved in a cycling crash and what you should do if you are involved in one. Most importantly of all you will find out about how a cycling accident solicitor from our panel can help you win compensation with a no win no fee claim.
A cycling accident is an accident that you have suffered not through your own negligent actions but as a result of the negligence of someone else. Usually another road user such as the driver of a vehicle. In other cases it can be caused by the negligence of the authorities responsible for maintaining roads and highways. We will go into the different ways that negligence can cause you to suffer a cycling accident later on in this article. If you suffer an injury in a cycling accident, or if you suffer psychological harm, damage to your bike, lost earnings or other expenses then you can claim for bike accident compensation to compensate you for your damages. We can provide you with a cycling accident solicitor from our panel of solicitors to assist you in claiming for compensation.
There are numerous different effects of being in a bicycle accident that you can claim for in bicycle accident compensation.
- You can claim for lost earnings that you have suffered as a result of you bike accident. As well as future lost earnings or effects on future career prospects.
- You can claim for the costs of any prescriptions or medications that you have had to pay for as a result of your crash.
- If your crash caused injuries that require specialist care and services such as physical rehabilitation or adaptation of your home to accommodate decreased mobility then you can claim compensation to cover the costs.
- If you have required household help as a result of injuries sustained in a crash you can claim for the expenses.
- Any additional travel expenses caused by your accident. For example if you have had to travel to hospital appointments or if you have had to use public transport or buy petrol for your car due to the loss of your bike.
- You can claim for physical suffering if you have suffered an injury which will heal without a lasting effect on your life
- You can claim for suffering from psychological harm and the costs of psychiatric treatment if you have a diagnosis of PTSD stemming from your accident.
This table contains information on how much compensation you could receive for various different types of injuries you might suffer in a cycling accident. Note that this table is just to give you an examples of what compensation sums could be awarded. Reading this table is not a substitute for an assessment by a solicitor.
|Part of body||Severity||Amount||Notes|
|Brain||Very severe||£224,800-£354,260||Cases in this bracket will require full time nursing care and can include cases of "locked in syndrome" and reduced life expectancy.|
|Brain||Moderate||£119,650-£192,090||Victims will be very seriously disabled and will have substantial dependence on others|
|Brain||Minor||£1,760-£11,200||Minimal brain damage which the victim will recover from within a few weeks|
|Neck||Severe||£36,240-£130,060||Cases which result in severely impaired movement and loss of bodily functions including paraplegia|
|Neck||Moderate||£6,290-£33,750||Fractures, dislocations and soft tissue damage in the neck causing chronic symptoms and impaired bodily functons|
|Neck||Minor||£1,950-£6,920||Minor soft tissue injuries from which a full recovery can be made|
|Shoulder||Severe||£15,300-£42,110||Often associated with neck injuries and injuries to the Brachial Plexus|
|Shoulder||Moderate||£6,920-£11,200||Discomfort and limited movement from which a full recovery will be made within two years, with non minimal soft tissue injury symptoms possibly persisting.|
|Shoulder||Minor||£1,950-£6,920||Considerably painful soft tissue damage with complete recovery.|
|Back||Severe||£72,620-£141,150||Damage to spinal cord and nerve roots. Severe pain and disability and loss of bodily functions.|
Below are some questions and figures on the numbers of road accidents involving cyclists, it should give you an idea of how dangerous it is to be a cyclist. You can read more detailed figures in this report from the Royal Society for the Prevention Of Accidents.
How many accidents are caused by cyclists?
It is very rare for cyclists to cause an accident. Cyclists are far more likely to be the victim of an accident than to be the cause of one. In 2015 for example just two pedestrians were killed and 96 injured as a result of being hit by cyclists.
How common are bicycle accidents?
In total 18,477 cyclists are injured by being involved in traffic accidents in 2016. 3,499 of which were seriously injured or killed.
How many cyclists are killed in the UK each year?
Just 99 cyclists were killed in road accidents in the UK in 2018. That is a decrease of two from 2017.
Here are some things to remember to keep yourself as safe as possible from cycling accidents.
- Drive nearer to the centre of the road than the gutter. This reduces the risk of getting in an accident caused by gutters or debris by the side of the road. It makes it harder for drivers to overtake you and gives you more room to move into if they do.
- Develop a keen sense of awareness of your surroundings. Keep an eye out for things like potholes, road bumps and other vehicles. Especially around traffic lights, junctions and roundabouts.
- Be prepared at all times to react to the unexpected. A car might suddenly turn or swerve into your path, a pedestrian my try to run into the street. Be alert and ready for sudden hazards.
- Try to make sure that drivers are aware of your presence and intentions. Indicate with hand gestures when you want to make a turn. Do not leave space for drivers to overtake you in the direction you wish to turn. When possible try to make eye contact with drivers, this can help you tell if they have spotted you yet.
- Be careful when approaching vehicles. Remember that drivers in large vehicles like lorries or buses may not be able to spot you easily due to their large size. Do not attempt to overtake these vehicles on their left side where you would be in the driver’s blind spot. Be mindful when approaching parked cars, they may open a door into your path suddenly. This should be an obvious threat if the car has just pulled into a parking position in front of you. Move out of the cars way as you go past so that you aren’t in range of a door being opened.
- Always ride with your hands on the brake handles so you can stop at a moment’s notice.
- You must make yourself visible by having working lights on your bike. Remember to check them and consider carrying a spare. The lights are only legally required at night, but you should also have them on in low visibility conditions like fog.
In cases where you the cyclist are not at fault some of the most common causes of cycling accidents boil down to drivers being unaware of or negligent towards cyclists.
- Drivers can drive into the path of cyclists when turning or changing lanes. Causing the cyclist to crash into them. This can be because the driver neglected to look out for cyclists before turning or because they assumed that the cyclist would have the time and the room to slow down or to turn to avoid them. This is a particularly common danger at junctions.
- Drivers can collide with cyclists due to failing to failing to spot them, or failing to check for oncoming cyclists when turning, changing lanes and pulling out of junctions. Drivers can sometimes miss cyclists because they are smaller and thus more noticeable than other vehicles. They can also sometimes over or under estimate the speed of the cyclist or overestimate the cyclists ability to stop in time.
- Stationary cars can also cause cyclists to suffer accidents. We are all taught to remember to check for oncoming cars when opening a door to get out of the side of the car facing the road. But some people may not check for cyclists or fail to spot them at a glance. If a car door is opened into the path of a cyclist unexpectedly they may not have time to stop before hitting the car.
- General driver negligence can be a cause of a cycling accident in traffic the same way it can cause all other forms of road accidents. Not obeying the speed limit. Texting or talking on a mobile phone while driving. Drink driving or driving under the influence of drugs or certain prescription medications. Driving in a car that requires repairs, such as having faulty brakes or worn out tires.
- Not all bike accidents on the road are caused by vehicles. Badly maintained roads can cause cyclists to suffer an accident. Bumpy or uneven roads or potholes can cause a cyclist to fall from their bike or their bike to be damaged. Oil slicks that should have been cleared by highway maintenance can cause cyclists to crash. Large puddles of water, caused by blocked gullies or drains, can also be a hazard.
Being involved in a bike crash can result in serious injuries, including death, regardless of whether or not a vehicle is involved.
Falling off your bike can lead to a head injury, which can in turn lead to a traumatic brain injury. This is why it is absolutely essential that you always wear a helmet when cycling and that you get yourself seen by a doctor after you have been involved in an accident, even if you think at first that the injury was not significant.
Being knocked off your bike can cause you to fracture or break a bone or bones. A broken bone will most likely prevent you from cycling for some time in addition to other work and activities. In more severe cases you could break or fracture your spine or your neck which can lead to permanent life changing effects.
You could also suffer soft tissue injury from a bike accident. Soft tissue damage is any injury to the “soft” fleshy parts of the body, as in neither bones nor internal organs. Things like skin, muscle, ligaments, tendons and cartilage. Examples of soft tissue injuries include road burn, lacerations and bruising.
As well as physical injury, being the victim of a cycling accident could also cause psychological injury as well. The mental trauma of being injured in a bike crash could leave you with nightmares, anxiety and leave you feeling unable to use a bike.
In the event that you are injured in a hit and run road accident then you should report the incident to the police within 24 hours. Once this is done you should call us to talk about your circumstances with our team of expert advisors and they will give you free legal advice on what to do next.
There are laws in place to ensure that all road vehicles are insured in the event of an accident. If a driver is found to be driving a vehicle without the correct insurance they could face a fine of hundreds of pounds as well as receiving points on their licence. Unfortunately this does not eliminate the risk of being in a cycling crash from being hit by an uninsured vehicle.
In the event that you are in a collision with an uninsured vehicle you could still be able to receive compensation. Rather than receive compensation from the drivers (non-existent) insurance company you could receive compensation from the MIB Motor Insurance Bureau website. The MIB receives its funding from motor insurance companies and it is how the British legal system provides compensation to crash victims who have been injured by the actions of uninsured drivers.
The first thing you should do before anything else if you have been involved in a cycling accident is to see to your own safety. If you are able to move you should immediately get yourself to safety, you may have found yourself lying in the road or on a busy pavement. Once you are in a safe place, check yourself for injuries and sit or lie down for the time being, you may be more seriously injured than you realise at first, especially if you have suffered a blow to the head. If you have suffered a severe injury call 999, if you have suffered an injury and you are not sure if it warrants an ambulance call 111.
Once your own safety is assured you should do what you can to tend to other people who may have suffered an injury. Assist them to safety, perform first aid if you know how and phone an ambulance if necessary. If you don’t need to go to A+E you should arrange to see your GP as soon as you can, there may be injuries that you haven’t noticed or are worse than you think.
The next step is to begin to collect evidence. Take photographs of the scene, your injuries and any damage that may have been done to your bike. Take photos of what caused the accident (i.e. a pothole or a broken or uneven paving slab.) Prepare to get the testimony of people who witnessed the accident by getting their contact details so that you can get in touch with them when you need to later.
Get the contact details of the other party involved in the accident, their name, phone number, if possible their address and most importantly their insurance details. If the person involved in the accident was driving a car that ran into you make sure that you also get their registration number.
Don’t repair or replace your bike or damaged parts of it right away. Take your bike to a bike repair shop and get a quote in writing for the cost of repairs (or the cost of a replacement if the bike is a lost cause.) Keep all receipts of expenses relating to the loss of your bicycle, for example if you have to use public transport due to losing your bike then keep hold of the tickets. You will need these to prove how much damage to your property and expenses were caused by the accident.
Contact a solicitor, while there may or may not be a criminal case to answer you could well have grounds to claim for compensation. Our contact details are below, we can put you in touch with a cycling accident solicitor from our panel of no win no fee solicitors to help you make a cycling accident claim.
Your cycling solicitor will ask you for all the information that you have about the accident and all the evidence that you have. They will need to ascertain that they can definitely prove that you suffered your bike accident as a result of someone else’s negligence. They will ask you for all of the evidence that you already have of the costs you have incurred. If there is additional evidence that can still be gathered, such as witness testimonies, then they will help you get them.
They will make an assessment of how much compensation you could be entitled to for your injuries, emotional suffering and financial losses and expenses that you have suffered as a result of your cycling crash. Once they have established that you do have a case and how much compensation they believe you could be entitled to they will file your compensation claim. As your case proceeds they will keep in regular contact with you to keep you updated on the progress of your claim.
Please note that our panel of solicitors may not be based in your area, if that is the case it is most likely that your claim will be managed by correspondence between you and your solicitor. Meaning that you and your solicitor will discuss your claim and swap evidence and information by phone or email. Don’t worry about not meeting your solicitor in person, it will not impact on the legitimacy or effectiveness of your case.
There is a time limit for how long you can wait after an accident before making a claim. In accident compensation cases there is a personal injury claims time limit of three years. If it has been more than three years since the symptoms of your accident emerged then you will not be able to make a personal injury claim. You have up until the age of 21 to make a claim for an accident you suffered as a minor.
Depending on the details of the case the amount of time it takes for your case to be settled can vary and it is difficult to make exact statements. If your case is uncontested, meaning if the party facing liability accepts responsibility the case can be resolved in between 6 and 12 months. If the claim is contested, meaning if the party facing liability denies responsibility it could take between 12 and 18 months. If the case is particularly severe and complicated it could run on for much longer.
All of the solicitors in our panel offer no win no fee claims. No win no fee claims are also sometimes referred to as Conditional Fee Agreements (CFA’s). No win no fee claims are a type of personal injury claim in which the claimant will only have to pay their solicitors fee’s if their claim is successful. If the claim is successful then the compensation that is awarded can be divided between you and your solicitor as their payment. You can discuss beforehand what the amount your solicitor will receive, though it is guaranteed not to exceed 25% of the amount.
To begin a cycling accident claim or to get more information about cyclist accident claims speak to our team. You can do this either by calling us on 0800 073 8802 or by filling out this form to arrange a call.
Article by JY
Editor by Jay