Making A Compensation Claim For A Cycling Accident

By Max Morris. Last Updated 14th July 2022. Are you seeking compensation for a cycle accident that wasn’t your fault? This may have happened for a number of reasons, such as a road traffic accident or as a result of poor road maintenance by your local council.

Sustaining an injury from a cycling accident can be difficult, but if you choose to claim, a personal injury solicitor can make the claims process as simple as possible. If you have a strong claim, our advisors could connect you with our panel of personal injury solicitors. However, you’ll be under no obligation to proceed with their services if you get in touch.

If you would like specific, free legal advice more closely related to your case, get in touch with our advisors by:

Calling us at 0800 408 7825
Using the live chatting feature located at the bottom of your screen
Contacting us directly through this website

Select A Section

An Overview Of Cycle Accident Compensation Claims
Examples Of How Cycling Accidents Happen
Examples Of Cycle Accident Injuries
Treatment And Rehabilitation For Cycling Accidents
What To Do If You Have A Cycling Accident
Cycle Accident Compensation Payout Examples
Speak To A No Win No Fee Lawyer
Read More About Cycle Accident Compensation Claims

An Overview Of Cycle Accident Compensation Claims

Cycle accidents can happen in a variety of ways. They will usually occur on public roads or a cycle path. You may also sustain an injury due to a crack in the road, or because of debris on a cycle lane. If this happens, and it wasn’t your fault, you may be eligible for compensation for your cycle accident.

A key element to personal injury claims is working out who was at fault, or who was liable for negligence. Anyone who controls a public or private space has a duty of care to reasonably ensure the safety of visitors and anyone on site.

Road Defects

Your local council has a responsibility to ensure that public highways under their control are maintained, including when defects are brought to their attention. Other authorities that control roads, such as Highways England, have the same responsibilities. These powers are set under the Highways Act 1980.

Dangerous Driving

Likewise, you and other road users have a responsibility to each other to use the roads with standard care and skill. This includes respecting the speed limit, indicating properly, and using your mirrors. As a cyclist, your duty of care could extend to wearing reflective clothing as well as using lights on your bike as recommended in The Highway Code.

Breach Of Duty Of Care

If one party has a duty of care to another party and they fail to meet their duty, this is a breach. If this breach of duty directly causes you injury, you could be liable to claim. However, this accident must not have been entirely your fault. If you were partially to blame, you could still claim.

If you need further information about cycle accidents information, speak to a personal injury solicitor.

Examples Of How Cycling Accidents Happen

How might a cycling accident specifically happen? If your injury happened as part of a road traffic accident, it may have happened during an incident such as a:

Sideswipe
Rear-end
T-bone accident

You may have been hit by another car when they were not looking at a junction, or a driver may have changed lanes without checking their mirrors.

However, an injury may have also occurred due to the controller of the road. As mentioned, they have a duty of care to repair cycle lanes and roads as long as the time scale to do so is reasonable. For example, they may have to repair a crack in the road or a sunken-in slab. Failure to do so may lead to a loss of control on your bike, resulting in injury.

Be advised, if you were injured by a pothole or a sunken slab, the pothole depth must generally be greater than 4cm. Other road defects must generally be an inch or greater.

If you would like more information about how much cycle accident compensation you could be owed, speak to one of our advisors today. They can connect you to a solicitor from our panel who could help you with your claim.

Examples Of Cycle Accident Injuries

If you are involved in a cycling accident, you may sustain injuries to your soft tissue as well as broken or fractured bones, facial injuries, or sprains and strains to the back, arm, or leg.

This might happen if you are thrown from your bike, and you receive high-impact trauma from hitting the ground. Abrasion can happen if you rub against the tarmac. It’s also known as road rash or road burn.

If you are not wearing a helmet or high-visibility clothing, you can still claim but you may be liable for contributory negligence under certain circumstances. This is where the accident is found to be partly your fault. You may still be eligible for compensation but you could stand to receive less as a result.

For more specific information related to your own case, speak to a personal injury solicitor.

Treatment And Rehabilitation For Cycling Accidents

Some accidents that can happen while cycling include:

Head injuries
Back injuries
General sprains and strains

The NHS offers advice on what treatment is applicable when these occur.

If you have sustained a head injury, a doctor may encourage you to use a cold compress or ice pack on the affected area. They may also allow you to take ibuprofen or paracetamol.

In the case of back pain, a doctor may prescribe stretching to relieve pain. In more serious cases, you may be sent to a physiotherapist.

Finally, for sprains and strains, the NHS recommends RICE therapy: rest, ice, compression and elevate. ‘Compression’ means to wrap it in a bandage and ‘elevate’ means to put a pillow underneath the affected area, which could be an ankle or leg.

Not every cycling accident will be the same. This is why it is always recommended that you speak to a medical professional to get a full understanding of your injuries.

What To Do If You Have A Cycling Accident

If you are involved in a cycling accident, there are a few steps you should take.

Firstly, you should always seek immediate medical attention, no matter what kind of accident you are involved in. You may believe you are injured, but you may be concussed or in a state of shock. Not only is seeking medical attention key for your own health, but you could also use any records as evidence when claiming.

If you choose to, you can speak to a personal injury solicitor to represent you in your claim. You are not legally obligated to use a solicitor’s services, and you can start a claim on your own. However, the claims process might be easier with a personal injury solicitor.

Next, you should consider collecting evidence to support your claim. A list of proof that could be useful for your cycle accident compensation claim includes:

Footage from CCTV cameras
Photography linked to the incident
Contact details from eyewitnesses for statements

If you are represented by a solicitor, they would arrange a medical assessment for you. This assessment is intended to prove the severity of your injuries so a solicitor knows how much you are eligible to claim. This exam can also prove that your injuries were directly caused or worsened by your accident.

To find out more about cycle accident compensation for your case, speak to our advisors. They give no-obligation, free legal advice and are available 24/7.

Cycle Accident Compensation Payout Examples

In bike accident claims, there are up to two types of damages you could receive compensation under. The different types of damages are:

General damages – This compensates you for the pain and suffering caused by the injury. You can claim for both physical and psychological injuries. When claiming for cycle accident compensation, you could potentially claim for multiple injuries if you can prove they were caused by the same act of negligence.
Special damages – This compensates you for any financial losses that are caused by the injury. Losses can include travel expenses, medical costs, loss of earnings or home adjustments. Through losses like future loss of earnings, you can also claim for losses you will experience going forward. You will need evidence to prove these losses, such as bank statements and invoices.

The Judicial College Guidelines (JCG) are used by legal professionals to provide clients with a rough estimate of what they could receive. The compensation brackets are taken from previous court cases settled in Wales and England. These figures are taken from the 2022 guidelines which are the latest ones available.

However, please bear in mind that these figures are only guidelines. These aren’t guaranteed as many aspects determine the compensation figure should your claim succeed.

Injury	Severity	Nature of incident	Possible compensation
Injury to the Head	(c) (i) Moderate	A personality change will occur as will a change to the ability to perceive speech, sight and senses.	£150,110 to £219,070
Injury to the Head	(d) Less severe brain damage	Can involve low level brain damage where the person affected will be able to return to work and live a normal life, but may suffer from poor concentration and mood changes.	£15,320 to £43,060
Injury to the Back	(a) (ii) Severe	Special features (such as nerve root damage causing symptoms such as impaired mobility and sexual difficulties) takes this injury outside any lower back injury bracket.	£74,160 to £88,430
Injury to the Back	(b) (ii) Moderate	Can involve ligament and/or muscle damage resulting in backache.	£12,510 to £27,760
Injury to the Leg	(b) (ii) Very Serious	Permanent mobility problems are created by the injury with mobility aids or crutches being required for the remaining period of the person's life.	£54,830 to £87,890
Injury to the Leg	(c) (i) Less serious leg injuries	Can involve a fracture where an incomplete recovery is made as well as serious serious soft tissue injuries.	£17,960 to £27,760
Injury to the Ankle	(b) Severe	Can involve a fracture where pins and plates have had to be installed to provide stability. Even then, the ability to walk will be greatly diminished.	£31,310 to £50,060
Injury to the Neck	(b) (i) Moderate	Dislocations or fractures will cause immediate, severe symptoms that could result in spinal fusion being required.	£24,990 to £38,490
Injury to the Neck	(b) (ii) Moderate	Can involve a disc lesion, soft tissue injury and a wrenching of the neck. This can result in seriously limited movement.	£13,740 to £24,990
Injury to the Foot	(f) Moderate	Can involve displaced fractures to the metatarsals which causes deformities that will need surgery to correct.	£13,740 to £24,990

If you want to learn more about cycle accident compensation or get a compensation estimate for your injury, contact us for a free consultation using the details provided.

Speak To A No Win No Fee Lawyer

If you are looking to start a claim, you may be interested in having a solicitor represent you on a No Win No Fee basis. This means that if your claim is unsuccessful, you will not have to pay your solicitor their fee.

However, if your claim wins, you only have to pay a legally-capped success fee, which is a small percentage of your compensation. If you would like to know more about how No Win No Fee can help you, you can speak to one of our advisors today. Get in touch by:

Calling us at 0800 408 7825
Using the live chatting feature located at the bottom of your screen
Contacting us directly through this website

Don’t wonder about how much you can get in compensation for your cycle accident. Find out today.

Cycle Accident Compensation Claims Guide

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