In this guide, we’ll look at how you could claim compensation for a bicycle accident. An accident on a bike can cause a wide range of different injuries. These injuries can range from minor, such as sprains, strains, and bruising. However, they can also include more serious injuries including things like traumatic brain damage and damage to the spinal cord.
All road users owe a duty of care to one another. When this duty is breached, this is an example of negligence. If you were injured while on your bike as the result of another road user’s negligence, you may be able to claim.
In this article, we explain the law that supports your right to compensation and what to do after a bike accident that was caused by someone else. Our team is on hand to answer any questions you may have and can start a claim for you right now. It’s free and there’s no obligation to proceed just from speaking with us.
- Call us to discuss more on 0800 408 7825
- Write or email us at Public Interest Lawyers
- Use the ‘live support’ option to the bottom right of this screen
Select A Section
- What Are Bicycle Accidents?
- What Are The Most Common Causes Of Bicycle Accidents?
- Common Bicycle Accident Injuries
- Is There A Time Limit For Personal Injury Claims?
- How Do I Claim After A Bicycle Accident?
- How Much Compensation For A Bicycle Accident Will I Get?
- Contact Us About Claiming Compensation For A Bicycle Accident
- Useful Road Traffic Accident Claim Guides
A bicycle accident can cause a wide range of different injuries of varying severities. If you were involved in an accident on your bike and it was caused by the negligence of another road user, you may be able to claim.
Cyclists are classed as vulnerable road users. This is because they don’t have the same protection in collisions as someone travelling in a car, lorry, or another kind of vehicle.
The duty of care that road users owe to one another is outlined in the Highway Code. This also outlines the expectation for cyclists to wear protective clothing. While wearing a helmet and other safety gear is not a legal requirement currently, your claim might be affected if, for instance, you suffer a head injury because you were not wearing a helmet.
In this guide, we’ll look at some of the ways a cycling accident could happen, as well as the injuries you could sustain if involved in one. We’ll also look at the time limits that apply to these kinds of claims.
If you’d like more information about making a claim for compensation for a bicycle accident, then speak to an advisor from our team today. You could be offered free legal advice and, if your claim is valid, connected with a No Win No Fee solicitor from our panel.
There are a number of different ways that a cycling accident causing injuries could happen. We’ve addressed some of these below:
- A motorist emerging into the path of a cyclist
- A motorist turning across the path of a cyclist
- A cyclist being hit as they cross a toucan crossing
- A rear-end cycle accident where a car or taxi follows
- Road defects like potholes. In these cases, you may be able to claim against the council responsible for maintaining the road.
In some cases, the cyclist might act in a way that causes the accident to happen. For instance, this might happen if the cyclist attempts to cross a junction without looking or if a young or inexperienced driver is travelling too fast.
The Royal Society for the Prevention of Accidents (RoSPA) has provided a factsheet that states that “failure to look properly” was the most common cause of accidents involving a car and another vehicle. In 43% of serious collisions at junctions, the cyclist failed to look properly. In 57% of serious junction collisions, the driver failed to look properly.
17% of serious accidents involving a cyclist and a driver were caused by a poor manoeuvre on the part of the driver. The same percentage of serious injuries involving a bike and a vehicle happened because the driver was careless or hurried.
If the cyclist is found to be fully at fault, they would not be eligible to claim. If they are found to be partly at fault, they may be able to make a split liability claim. This is where the compensation is reduced according to the level of liability you’re deemed to have.
Injuries sustained in bicycle accidents can vary in type and severity. You might also sustain different injuries if you’re involved in an accident with a car than if you’re involved in an accident that was caused by poor road maintenance.
Some of the injuries you could sustain include:
- Fractures. For example, a leg fracture, broken collarbone or fractured skull.
- An injury to the Achilles’ tendon, for example, a tear or rupture.
- Damage to the spinal cord
- Crush injuries, for instance, a crushed arm or leg
- Brain injury
- Soft tissue injuries, including cuts. These could lead to scarring.
- Damage to teeth
- Psychological issues, for example, post-traumatic stress disorder (PTSD), anxiety, or depression.
Don’t worry if you can’t see your injury type mentioned above. This isn’t an exhaustive list and we may still be able to help you if your injury isn’t included.
Get in touch to discuss your claim with our team and check your eligibility for free today. You could be connected with a No Win No Fee solicitor from our panel.
Generally, there’s a three-year time limit to starting a personal injury claim for compensation for a bicycle accident. This runs either from the date of the accident or the date of knowledge, where you became aware that your injuries resulted from negligence.
However, there are some exceptions to this time limit. These include:
- Child accident claims- Because children cannot legally pursue a claim, the time limit begins on their 18th birthday. Before this, a litigation friend can claim on their behalf and the time limit is suspended. This is an adult who represents them in their claim.
- Claims for those with reduced mental capacity- While the claimant doesn’t have the mental capacity to pursue their own claim, the time limit is suspended and a litigation friend can claim on their behalf. It begins again in the event that they regain the mental capacity to pursue their own claim.
If you’d like more information on how long you have to start your claim, get in touch with an advisor today. You could be connected with a No Win No Fee lawyer from our panel to work on your case.
A claim for compensation after an accident that was not your fault can be made against the insurance of the driver at fault. In some cases, you may be able to claim against the local council or the body responsible for maintaining the roads, provided the accident happened because of poor road conditions.
If the driver was uninsured or it was a ‘hit and run’ accident, you could still be awarded compensation through the Motor Insurer’s Bureau (MIB). This organisation compensates those who’ve been in accidents with drivers who don’t have insurance or who cannot be traced.
Below, we’ve included a list of some of the steps you should take if involved in an accident:
- Seek medical attention.
- Collect relevant details from the other driver including their license plate number and name and address
- Collect evidence. If someone else saw the accident happen, you could collect their details so that they can give a statement later on. You could also request dashcam footage or CCTV that showed the accident taking place.
After the accident, you may also wish to seek legal advice from a solicitor. While this isn’t required, expert representation could help you get the compensation you deserve from your claim. What’s more, you may find that the process of claiming is less stressful and goes more smoothly if you do so.
If you’re awarded compensation for a bicycle accident, then your settlement can consist of two different heads of claim. The first of these is general damages.
General damages are the part of your claim that relate to the pain, suffering and loss of amenity caused by your injuries. In order to assess the value of your injuries, you’ll be invited to a medical assessment.
Here, an independent expert will assess your injuries and confirm that they’re consistent with your bike accident. The report from this assessment will be used to value your claim.
A publication called the Judicial College Guidelines (JCG) is used to help value claims. We’ve included some of the brackets from this publication in the table below:
|Ankle||Severe||£29,380 to £46,980||Where an extensive period of treatment needed involving a period in plaster, the insertion of pins and rehabilitation|
|Knee||Moderate (i)||£13,920 to £24,580||Where the joint is dislocated or cartilage is torn, causing weakness, instability or future disability that is mild.|
|Neck||Severe (i)||In the region of|
|Where the injured person still has little or no movement in their neck, despite the wearing of a collar for 24 hours a day over a period of years.|
|Back||Severe (i)||£85,470 to £151,070||Where the spinal cord and nerve roots have been damaged which leads to complications that don't usually arise as a result of back injuries. For example, partial paralysis and impairment of bladder, bowel and sexual function.|
|Shoulder||Severe||£18,020 to £45,070||Where damage to the brachial plexus has caused significant injury.|
|Wrist||N/a||£44,690 to £56,180||Injuries involving complete loss of function in wrist|
You could also receive special damages as part of your claim. Special damages will cover any financial losses that you incur. It could include:
- Lost income
- Medical costs
- Travel costs to hospital
- Adaptation to property (for example, a wheelchair ramp)
In order to claim special damages, you’ll need to provide evidence of the costs you’ve incurred. This could include things like receipts, payslips and invoices.
You do not have to have legal representation, but if you decide to work with a personal injury solicitor, you may be concerned about the costs that could arise/ We can help connect you with a No Win No Fee lawyer from our panel with expertise in this area.
No Win No Fee agreements have many advantages. When you claim on this basis, your lawyer won’t ask you for payment before the claim starts or while it’s ongoing. In the event of a successful claim, you won’t be asked to pay them anything at all.
If you are successful in your claim. a success fee will be deducted from your claim. This will be set out before the claim begins so you’re fully aware of how much you’ll be expected to pay if you receive compensation. It’s also legally capped so you’ll receive the majority of your settlement.
If you’d like to know more about making a claim for compensation for a bicycle accident on a No Win No Fee basis, get in touch today. You can:
- Call on 0800 408 7825
- Write or email us using our online form
- Use the ‘live support’ option to the bottom right of this screen
Below, we’ve included some additional internal and external guides that you might find useful:
- Claiming against the local council
- Broken pelvis compensation claims
- Making a cycle claim against a motorist
- THINK! Road safety campaigns
- Claiming Statutory Sick Pay (SSP) for the time taken off work
- When should I go to a minor injuries unit? NHS guidance
Thank you for reading our guide on claiming compensation for a bicycle accident.
Article by EA