By Danielle Newton. Last Updated 11th October 2023. Have you sustained injuries in a cycling crash due to someone else’s negligence? If so, you may be entitled to compensation. The Road Traffic Act 1988 states that all road users have a duty to follow the rules of the road. If someone breaks these rules and causes an accident and injuries, this is known as negligence.
In this guide, we will look at what to do if you have a bicycle crash and how you may be able to make a road traffic accident claim. You shouldn’t have to suffer because of another road user’s negligence, so our team of advisers are here to help.
If you have a valid claim, an adviser can connect you with an expert personal injury solicitor from our panel. They can then discuss No Win No Fee agreements with you and begin working on your cycling accident claim.
To speak with an adviser, you can:
- Call us on 0800 408 7825 to discuss your case.
- Fill out our contact form to receive a reply whenever suits you best.
- Use our live chat pop-up box to speak with an adviser immediately.
What To Do If You Have A Cycling Crash: A Guide
Select A Section
- Can I Claim Compensation For A Cycling Crash?
- How Long Do I Have To Claim For A Cycling Crash?
- What To Do After A Cycling Crash
- How Much Could My Cycling Crash Claim Be Worth?
- Speak To A Cycling Crash Lawyer
- Latest Guides And Resources On Cycling Crash Claims
Can I Claim Compensation For A Cycling Crash?
If you were injured in a road traffic accident as a cyclist, you could make a bike accident claim. However, you must be able to prove the following criteria:
- Another road user owed you a duty of care – this could be a driver or other cyclist.
- This road user breached their duty of care.
- As a result, you suffered a cycling injury.
Evidence is crucial for proving liability in cycling injury claims. Later in this guide, we will provide some examples of the evidence you could collect to help support your claim.
Can I Claim For A Cycling Crash Caused By Poor Road Conditions?
Under the Highways Act 1980 and the Occupiers’ Liability Act 1957, those responsible for the highways network have a duty of care placed on them to ensure the network of highways is reasonably safe for members of the public to use.
If you suffer an injury in a pothole accident because the duty of care owed to you was breached, you could be eligible to claim compensation.
If you have any questions about cycling accident claims, please contact one of our advisors. They can evaluate your claim for free, and could potentially connect you with a solicitor from our panel to represent your claim for a cycling crash.
What Is Split Liability In A Cycling Crash Claim?
If you’ve been injured in a bike crash, then your eligibility to make a claim for compensation depends on whether you can establish negligence. This means that you need to provide evidence to prove that another road user acted in a way that did not uphold their duty of care to you and other road users.
However, there can circumstances where a claim may be considered “split liability”. This is when you are deemed to be partially responsible for the injury you sustained whilst cycling. The crash, for example, may have taken place because you turned into the road without warning. Whilst cyclists have right of way over cars on the road, they still must act in a reasonable and safe manner.
With split liability, the negligence is said to be committed by both parties. Therefore, any payout you receive will be reduced. The reduction depends on how much of the blame you are deemed to share. For instance, if it is ruled that you were 50% to blame for the injuries you sustained, then your settlement would be reduced by 50% too.
Get in touch today if you’ve been injured in a cycle crash and want to know if you’re eligible to make a claim.
How Long Do I Have To Claim For A Cycling Crash?
Additionally, you need to ensure that your claim is made within the time limits stated in the Limitation Act 1980. Generally, these time limits are 3 years from the date you were injured or 3 years from the date you first realised that the accident was responsible for your injury. There are certain exceptions to these time limits, such as:
- If someone lacks the mental capacity to make a claim, they will have 3 years to start their claim if they regain this capacity. Alternatively, a court-appointed litigation friend could make a claim on their behalf. In this instance, the time limit is suspended.
- If your child has been injured in a cycling accident, once they turn 18, they will have 3 years to start a claim. Or a litigation friend could make a claim on their behalf before this time.
Contact one of our advisors today if you have any questions about cycling injury claims.
What Evidence Do I Need To Make A Cycling Crash Claim?
You should visit your local A&E department straight away if you have severe injuries. This will ensure you receive a diagnosis and begin treatment as soon as possible, which could give you a better chance of a smooth recovery. Moreover, you can use your medical records as evidence for your claim.
If you wish to make a personal injury claim, you could gather as much evidence as possible. Examples of this evidence include:
- CCTV or dashcam footage of the incident
- Medical records
- Photos of your injuries
- Photos of the damage to your bike
- Witness contact details for statements later
This could help you prove that the accident was due to someone else’s negligence. Additionally, the photos of your injuries could help prove how severe they were.
Furthermore, you should gather evidence to prove you suffered financial loss due to your injuries. Examples of this evidence include:
- Payslips to prove you suffered a loss of earnings while you recovered away from work
- Prescriptions to prove that you spent money on medication
- Bank statements to show the cost of professional care to aid your recovery
Our team of advisers can advise you on what other evidence may be helpful for you to gather.
If you’d like to make a personal injury claim, our team of advisers are on hand 24 hours a day to offer legal advice for free and have a chat about your situation. If your claim is valid, you could be connected to a car accident lawyer from our panel who can discuss No Win No Fee agreements with you and help begin your claim.
How Much Could My Cycling Crash Claim Be Worth?
When making a claim for injuries sustained in a bicycle crash, the amount you receive for the physical and mental suffering caused is known as a general damages payment.
When legal professionals are calculating an appropriate amount for your cycle crash injuries, they often turn to a number of resources to assist them in the process. One of these is a publication called the Judicial College Guidelines (JCG). We have included some figures from the 2022 updated version of the JCG in the table below.
Whilst you can use the figures as a rough guide for how much you could receive, your own claim will vary in its value as every claim will be assessed individually.
| Injury: | Severity: | Notes: | Compensation: |
|---|---|---|---|
| Arm Injuries | Severe | The arm isn’t amputated but is seriously injured and is of little use. | £96,160 to £130,930 |
| Arm Injuries | Injuries Resulting in Permanent and Substantial Disablement | Serious forearm fractures that result in a permanent significant disability. | £39,170 to £59,860 |
| Neck Injuries | Severe (ii) | The cervical spine discs have been damaged, or there is serious fractures in the beck that may result in a loss of movement in the neck. | £65,740 to £130,930 |
| Neck Injuries | Moderate (ii) | A wrenching-type injury or disc lesion that results in limited neck movement and cervical spondylosis. | £13,740 to £24,990 |
| Knee Injuries | Severe (ii) | A leg fracture that extends into the knee and causes significant pain and discomfort. | £52,120 to £69,730 |
| Knee Injuries | Moderate (i) | Minor instability, weakness or wasting caused by a dislocation in the knee or a torn cartilage/meniscus. | £14,840 to £26,190 |
| Ankle Injuries | Very Severe | Soft-tissue damage that’s extensive and can cause further harm if the ankle or leg is damaged again in the future. Includes a transmalleolar fracture. | £50,060 to £69,700 |
| Ankle Injuries | Moderate | A ligamentous tear or ankle fracture that gives rise to serious disabilities and makes it hard to walk on uneven ground. | £13,740 to £26,590 |
| Shoulder Injuries | Severe | Usually associated with neck injuries due to the brachial plexus being damaged. This will cause arm and neck symptoms. | £19,200 to £48,030 |
| Shoulder Injuries | Serious | Damage tot he lower part of the brachial plexus with a dislocated shoulder that caused neck and shoulder pain. | £12,770 to £19,200 |
Special Damages For Cycling Injury Claims
You may also be eligible to seek compensation for the financial impact of your bike accident and injury. You can do this by making a request for special damages. This type of compensation could be requested for financial losses such as:
- Any loss of income you may have suffered, if you were left unable to work
- Replacement costs, for items damaged in your crash
- Costs towards your treatment or care
It is important to collect and maintain evidence of these types of losses, as supporting evidence can be vital in helping you claim compensation for your bike injury.
Our advisers could be able to provide you with free advice on the evidence you could collect for your cycling injury claim or inform you on the types of losses you could be able to include as part of your claim.
Speak To A Cycling Crash Lawyer
Our panel of personal injury lawyers are happy to discuss working with you on a No Win No Fee basis. A No Win No Fee agreement, also known as a Conditional Fee Agreement, is an agreement between you and your solicitor. You and they sign a document stating the condition your solicitor has to meet in order to receive payment.
If your claim loses, you won’t be obligated to pay your solicitors fees. If your claim wins, a small, legally-capped percentage of your compensation will be deducted by your lawyer. However, you will still receive most of the compensation.
To discuss No Win No Fee agreements further, you can contact our team of advisers. If your claim is valid, an adviser can connect you with a personal injury solicitor from our panel to begin working on your claim.
You can get in touch with our experienced team of advisers by:
- Call them on 0800 408 7825 to chat about your claim.
- Fill out our online claims form to receive a response at your nearest available time.
- Chat with them through our live chat pop-up box to receive a response immediately.
Latest Guides And Resources On Cycling Crashes
In this section, we look at other sources that could be of use to you.
Public Transport Accidents – Have you sustained an injury in a public place accident due to someone else’s negligence? You may be able to make a claim.
Public Bus Accident Claims Guide – If you’ve suffered an injury in a bus accident that wasn’t your fault, our guide explores how you could make a personal injury claim.
Public Road Accident Claims Guide – If you’ve suffered injuries due to an accident on a public road, this guide holds important information.
Motor Insurers’ Bureau (MIB) – The MIB helps claimants receive compensation for injuries caused by an untraceable or uninsured driver.
Making A Claim – This page explains how the MIB claims process works.
Car accidents on a public road – Find out if you could make a claim.
We also have some other guides you may find useful:
- Public accident claims hot spots
- Council slip and trip accidents
- Public transport accidents
- How to make a public liability claim
- Making a claim against the council
- Claiming for a pothole injury
- Making a claim against a shop
- Accidents in a public park
- Cycling accident claims
- Claiming for injuries suffered while shopping
Thank you for reading our guide about suffering an injury from a cycling crash.