By Lewis Houston. Last Updated 10th August 2023. Welcome to our guide on cycling injury claims and the evidence that you may require. If you’ve been involved in an accident as a cyclist, you’ll need to be able to prove that your injuries were caused by someone else’s negligence. One of the best ways to do this is to gather as much evidence as you can.
This article will take you through the process of making cycling injury claims. Specifically, it’ll be paying extra attention to the evidence you can acquire to improve your chances of success. The more pieces of quality evidence that you have access to, the better.
If you have any questions regarding this subject, then get in touch with us. Our advisors are ready and waiting to assist you in any way they can. You can reach us in a few different ways.
Select A Section
- How Do You Make Cycling Injury Claims?
- Documents You Need To Start A Claim
- How Do You Prove Someone Is Liable?
- Official Reports
- Cycling Injury Compensation Payouts
- Find Out More About No Win No Fee Cycling Injury Claims
There are three main criteria that need to be fulfilled in order to make a personal injury claim. These form the definition of negligence:
- Was there a duty of care present? – in other words, did the person who injured you have a legal obligation to keep you safe? In cases of accidents on the road, this duty of care is laid out in The Highway Code. By following these rules, the risk that road users pose to one another is kept to a minimum. Additionally, the local authority is responsible for maintaining the safety of road conditions. For example, potholes must be repaired to avoid injuries. This obligation is laid out in the Highways Act 1980.
- Was this duty of care breached? – this focuses on whether the person who owed you a duty of care breached that duty. A breach of duty can take the form of an action or inaction that causes you harm. To illustrate, a driver may be exceeding the speed limit when they cause an accident and injuries. This is can lead to cycling injury claims being made against motorists and other road users.
- Did the breach cause you to be injured? – you need to be injured to make a claim. Someone breaching their duty is not enough to make you eligible to receive compensation.
The harm caused by a cycling accident can be physical, psychological, or both. You can be compensated for injuries in either category. For example, you may have broken your arm and also now suffer from post-traumatic stress disorder (PTSD) as a result of the accident. A monetary value can be assigned for each of these injuries and combined into one figure.
One of the earlier pieces of documentation you’ll need to present during your claim is a form of identification. For example, a passport may be useful here.
Additionally, you can also present any relevant insurance policies associated with being involved in an accident of this kind. For example, there are some home insurance policies that can assist you with certain legal costs should you have a claim made against you, or you want to claim against someone else. It is known as Before the Event (BTE) Insurance.
If you’re unsure as to whether you have BTE insurance included in your insurance policy, call your provider to check.
To prove someone is liable for your injuries. you need to produce evidence. As well as the documents mentioned above, there are other pieces of evidence that you can gather to assist in cycling injury claims. Some of the more useful ones are:
- Photographs/CCTV footage – photographs and videos of your injuries and the scene of the incident can prove pivotal pieces of evidence if you can acquire them. Having these can help to corroborate your story. If the incident was captured on CCTV, then you may be able to request the footage. However, it’s important to take this step as quickly as is reasonably possible. Some CCTV systems will delete the footage after a set period of time.
- Witness statements – if there are onlookers then they could submit their version of events in written form. You should collect their contact details so they can do this. Having more people give the same account as you can help.
- Diary of events – writing down as much as you can remember about the accident and events that followed can also be helpful. This can help you avoid forgetting certain details that you may have otherwise forgotten.
There is still more evidence you can gather. Medical and police reports can be used, for example. They can be very useful especially when combined with the proof mentioned in earlier sections of this article.
There are two main forms of medical evidence to address here. First, there is the medical entry to your medical file that was made at the time of the accident. It may contain information such as how severe your injuries were and the treatment that you required. You have a right to make a request for these records.
Then, there is the independent medical assessment. This will need to be carried out as a part of the claims process. Its purpose is twofold:
- To assess the severity of your injuries
- To establish whether your injuries are consistent with those caused or worsened by the road traffic accident
A solicitor from our panel could arrange this for you. They would try to ensure it’s held at a location convenient to you so that travel is kept to a minimum.
Following an injury to a cyclist or other road user in a road traffic accident, the incident should be reported to the police. Once they have looked into it, a police report containing the details should exist. You can request a copy of the collision report from them.
Time Limit For Cycling Injury Claims
If you are eligible to pursue a cycling claim, you must also be aware of the time limits in place. Under the Limitation Act 1980, you will generally have three years to start your personal injury claim from the date of the accident.
However, certain exemptions may apply to this limitation period. For example:
- The time limit is frozen for injured minors until the date of their 18th birthday. From this date, the three-year time limit to start a claim is reinstated. Alternatively, a litigation friend could make a claim on their behalf prior to their 18th birthday.
- The time limit is frozen indefinitely for those who lack the mental capacity to make their own claim. A litigation friend could act on their behalf during this time. If the injured party were to regain this capacity and a claim was not already made for them, the three-year time limit will reinstate from the date of recovery.
If you have any additional questions about the cycling claims time limit, please don’t hesitate to contact our advisors for free no-obligation advice. You could also be connected to a specialist cycle accident solicitor from our panel.
Compensation in a cycling accident claim will depend on the injury you sustained and may be awarded under two heads.
The severity of your injury and the pain and distress it may have caused you will be assessed under general damages. We can show you injuries likely to be featured in a cycling claim, and examples of payouts for them as featured in the Judicial College Guidelines (JCG). This publication is commonly used by legal professionals to assess compensation in claims. We have included a table with figures from the 2022 edition of the JCG.
|(a) Very severe: when relatively young claimants (under 30s) are very disfigured, causing a severe psychological reaction as well
|£29,780 to £97,330
|(b) Less severe: damage is substantial, as is the psychological reaction
|£17,960 to £48,420
|(f) (i) Loss of several front teeth, or they’ll be seriously damaged
|(q) Loss of thumb
|£35,520 to £54,830
|Post-traumatic stress disorder
|(d) Moderate: In cases where the person may have been heavily affected by the incident but is now recovering
|£8,180 to £23,150
|(g) Modest: injuries such as ruptured ligaments, puncture wounds and metatarsal fractures
|Up to £13,740
|(e) Injury leaving permanent pain or stiffness
|£12,590 to £24,500
|(d) Fracture taking more than a year to heal
|£6,080 to £10,350
|(e) Minor: Leaving the claimant suffering headaches
|£2,210 to £12,770
The negative financial effects of your cycling injury will be assessed under special damages. Any financial losses directly caused by your accident and injury can be sought back in compensation, for example:
- Loss of income
- Damage to your bicycle
- Alternative travel costs
Please reach out to one of our advisers for information of what you could be awarded in compensation in your cycling accident claim.
A No Win No Fee arrangement (also known as a Conditional Fee Agreement) is when your solicitor does not require payment if they do not help you make a successful claim. You will only be responsible for paying them if you are awarded a settlement. Accessing the services of a solicitor in this way reduces the financial risk to you.
All of the lawyers on our panel operate in this way. Their payment is taken from your final settlement amount following the conclusion of a successful claim. They only take a small percentage that’s capped by law to protect the majority of your compensation. They won’t charge you for their fee upfront and there aren’t additional hidden fees.
Get in touch today to see if you could make a No Win No Fee claim.
We’ve included some links to additional information on this topic.
Here is some advice for cyclists from the government.
How the government is planning to have more people cycling and walking for shorter journeys.
Take a look at The Highway Code’s review to improve road safety for cyclists and others.
Find out how to make a claim if you’re hit by an uninsured driver
If you’ve been intentionally targetted and subjected to a hit and run, this could be an example of a criminal injury claim.
You could make an accidental death claim on the behalf of a deceased loved one.
How a cyclist can make a claim against a motorist.
Claiming with motorcycle injury lawyers.
Read our article on crashes on a public road.
Thank you for reading our guide on cycling injury claims.
Article by AI