Welcome to our guide about how to make cycling accident claims. You could potentially claim compensation if you’ve been harmed in a cycling accident due to another road user breaching their duty of care towards you.
When making a personal injury claim, it is important to determine who breached their duty of care. On the roads, all road users have a duty of care to not cause avoidable accidents. Drivers must adhere to the skills of the average motorist. Road users such as pedestrians, cyclists and scooter riders, drivers and motorcycle users must adhere to the guidance in The Highway Code.
If another road user breaches this duty of care, it’s possible you could come to harm. It is important to note that being wholly or partially responsible will affect your claim. If you are found to be wholly responsible for the accident, you could not make a claim for your injuries. If you were partially responsible, you could still potentially claim, but your compensation would be reduced.
Read on to learn more about cycling accident claims. You may also wish to contact our team of experienced advisors directly. They can offer free and personalised legal advice about your case. If they think your case has a good chance of success, our advisors pass you on to a solicitor from our panel.
Select A Section
- Common Cycling Accident Claims
- What Injuries Could You Suffer In A Cycling Accident?
- What Is The Limitation Period For Cycling Accident Claims?
- How Dangerous Are Bicycle Crashes?
- Calculating Payouts For Cycling Accident Claims
- Talk To Us About No Win No Fee Cycling Accident Claims
The Government classes cyclists as vulnerable road users. This may be because they can be less visible and are also not protected by the metal body of a vehicle.
Cycling accidents could be caused in a multitude of ways. You could be knocked off your bike if someone opens a car door into you or fails to observe the road properly. There could also be a bicycle crash if someone is driving recklessly or under the influence of alcohol.
It’s possible that a cycling accident could be caused by defects to the roads and cycle lanes. If a cycling accident has occurred due to a defect in the road or poor maintenance in a public place, then your claim may be against the controller of the space rather than another road user. Under the Occupier’s Liability Act 1957 it is law that those who are in control of public places must keep them as safe as reasonably as can be expected. This duty of care means they need to take all reasonably practicable steps to keep these visitors from harm.
If you were harmed due to someone breaching their duty of care, you could start a cycle accident claim. Contact our advisors today to find out how you could do this.
Rates Of Accidents Involving Pedal Cyclists
The Department for Transport (DfT) collect statistics on road traffic accidents. From these statistics, we can see that 16,294 cyclists were involved in accidents in 2020. Out of these reported accidents, 11,938 caused slight injuries, whereas 4,215 were reported with serious injuries. 141 cycling accidents were even reported to have led to a fatal injury.
Cycling Accident Statistics
This section includes a graph of contributory factors attributed to cycling accidents in 2020. These are also taken from DfT statistics.
It is important to note that these factors are included in police reports, where the police officer would likely have arrived at the scene after the accident had already occurred.
The severity and type of injuries could vary in a cycling accident. This could include:
If you were knocked off your bicycle by a driver failing to look properly, this may be seen as grounds to make a personal injury claim for any harm caused.
However, this section is not exhaustive. If you’ve been harmed in another way in a cycling accident, you could potentially still claim compensation in a cycling accident claim.
Under the Limitation Act 1980, you must start a personal injury claim within a certain time frame or they could become time-barred. Generally, the time limit for personal injury claims is 3 years from the accident date or the date you became aware the accident had caused your injury. This is also known as the date of knowledge. However, there are some exceptions to this rule.
For example, if a minor, classed as someone under 18, wants to make a cycling accident claim the court requires a litigation friend to represent them. A litigation friend can be any responsible adult that has the child’s best interests. In these situations, a claim can be started by the litigation friend at any time until the claimant turns 18. After this point, if no claim has been made the claimant can now make their own claim. It must be started within 3 years of their 18th birthday.
For those with diminished mental capacity, the time limit is frozen. During this time a litigation friend can make a claim on the claimant’s behalf. If no claim is made and the claimant recovers the time limit will start from this date. If no recovery is likely then the time limit will be frozen indefinitely and a litigation friend can make a claim on their behalf.
To find out more about how time limitations could apply to you, call our advisors today.
How Long Does It Take To Get Compensation From A Cycling Accident?
Generally, it may be difficult to tell how long a cycling accident claim will take. More complicated cases are likely to take longer. For example, in cases where liability is not definite or evidence is not strong enough.
Alternatively, the simpler the claim, the less time it could take to receive compensation. Having the right solicitor could also help make the claims process smoother and quicker for you. To find out about hiring an expert solicitor from our panel, call our team of advisors.
Depending on the cause, the injuries resulting from a cycling accident could vary in type and severity. In personal injury claims, injuries are often valued with the help of the Judicial College guidelines (JCG). This is a document showing bracket amounts relating to different injuries. The amounts in this document are taken from past court settlements, so they are not a guarantee for your specific claim.
In the JCG, injuries are often classified as such:
- Less Severe
The next section of this article includes a table of possible compensation amounts from the JCG. To find out more about how your claim will be valued, call our team of advisors today.
This section includes a table of compensation brackets taken from the JCG for possible cycling accident injuries. This head of claim is known as general damages. This aims to compensate you for the pain and suffering caused by your injuries.
As the JCG is not a set tariff of guaranteed compensation amounts, it is important to get a more accurate estimate of what you could claim. To do so, you will be invited to a medical appointment. A medical professional will assess the severity of your injuries and how they could affect you in the future. A solicitor can help arrange this appointment for you in your local area to avoid excessive travel.
|Knee||Moderate (i)||£13,920 to £24,580||Dislocation or torn cartilage that results in minor instability, weakness, or other mild future disabilities. Could also cover injuries that exacerbate the symptoms of a pre-existing condition.|
|Achilles Tendon||Serious||£23,460 to £28,240||Complete division of the tendon has been successfully repaired but has left a residual weakness, limitation of ankle movement, limp and scarring where further improvement is unlikely.|
|Back||Severe (iii)||£36,390 to £65,440||Soft tissue injuries or disc lesions and fractures that lead to chronic conditions where disabilities remain despite treatment. Disability could be continuous and severe pain, impaired agility, depression and the risk of arthritis.|
|Clavicle||(E)||£4,830 to £11,490||Fracture of the clavicle. This bracked will be judged on the extent of the fracture, the level of resulting disability and any other lasting symptoms.|
|Hand||Serious||£52,310 to £79,360||Serious damage to both hands that will give rise to a permanent cosmetic disability and significant loss of function.|
|Face||(B)||£13,970 to £22,470||Multiple fractures of facial bones that may involve a facial deformity of the permanent kind.|
|Chest||(G)||Up to £3,710||Fractured ribs or soft tissue injuries that cause serious pain and disability over a period of weeks.|
|Hernia||(A)||£13,970 to £22,680||Continuous pain and/or a limitation on physical activities, sport and employment after repair.|
|Teeth||(iii)||£2,070 to £3,710||Serious damage to, or loss of, one front tooth.|
Special damages is compensation to reimburse you for financial losses. This aims to cover specific financial losses caused by your injury. For example, if you have to take time off work, you could potentially lose out on earnings. Other examples of losses you could claim are:
- Travel expenses
- Prescription costs
- Independence aids such as crutches, if a disability has necessitated it
- Adaptions to the home
One of the benefits of special damages is that you can also claim for financial loss you may experience in the future. To do so, you may need to provide, payslips, or invoices, to show that your losses directly resulted from your injury.
A No Win No Fee agreement could be offered to you if your case has a good chance of winning.
Firstly the solicitor will want to ensure that your case is valid and they feel it has a reasonable chance of being awarded compensation as if the case loses they will not receive payment from you.
Generally, when you hire a solicitor using what is known as a Conditional Fee Agreement, you will both sign this agreement. On the condition that you are awarded compensation, the solicitor will receive payment for their work. If the claim is unsuccessful but valid then you would not have to pay the solicitor. There are no upfront payments and the success fee the solicitor can take when the case wins comes from your compensation.
If you have any questions about how No Win No Fee solicitors work please call our advisors today. They are available to take your call any time of the day or night.
Related Cycling Accident Claims
We are nearing the end of our guide about cycling accident claims. For more related guides, please see below.
How Long After a Road Traffic Accident Do You Have to Claim? – Find out more about the time limitations attached to a road traffic accident claim from our guide.
How to Claim Back Pain Compensation – If you’re suffering from back pain, our article can help you figure out how to claim compensation.
What is a Catastrophic Injury and Can I Claim? – Learn what a catastrophic injury could be and how you could claim for one from this guide.
Statutory Sick Pay – This government page explains how you can claim SSP after having to take time away from work.
Road Traffic Act 1988 – This legislation outlines what a driving offence could include.
Royal Society for the Prevention of Accidents – This registered UK charity aims to reduce the number of accidents using advice and guidance.
If you have any questions on our guide on cycling accident claims please do not hesitate to call.