Have you been injured in a cycling accident which was not your fault? You may be able to claim compensation. Our guide on bicycle accident claims will reveal how and tell you everything you need to know about pursuing compensation.
Due to a lack of protection, cyclists are among the most vulnerable groups on the road. Whilst government statistics show that fatal reported road casualties for cyclists fell from 134 in 2004 to 87 in 2023, the rate of serious injuries in road traffic accidents increased.
We start this guide by looking at what cycling accident claims are and what eligibility criteria need to be met in order to start one. You will also see some examples of why claims happen and whether you can help someone else seek compensation.
As our guide continues, we will look at how compensation may be calculated and the steps involved in filing a claim. Finally, this article considers why cases sometimes need to go to court and how an experienced solicitor from our panel can help you claim.
No matter how your bicycle accident happened, you may have valid grounds to make a claim if someone else was responsible for your injuries. To get started with your compensation journey, please contact our team using the following details:
- Phone on 0800 408 7825.
- Contact us online.
- Or use our live chat.
Jump To A Section
- What Are Bicycle Accident Claims
- Examples Of The Most Common Cycling Accident Claims
- Can Cycling Injury Claims Be Made On Behalf Of A Loved One?
- How Much Cycling Accident Compensation Could I Get?
- How Can I Start A Claim For Bicycle Injury Compensation?
- Will I Have To Go To Court For A Cycling Injury Claim?
- Speak To Our Bicycle Injury Claims Advisors
- Learn More
What Are Bicycle Accident Claims?
Bicycle accident claims allow individuals to seek compensation if someone else was at fault for their injuries. This type of personal injury claim can involve accidents on the road and in public spaces.
In order to make any type of bike accident claim, you must show that:
- A third party (such as a motorist or whoever is responsible for maintaining the road surface) owed you a duty of care.
- The party failed to meet their duty of care.
- That this failure directly caused your injuries.
Below, we look in more detail at what a duty of care is and how it applies to bicycle accident claims.
Road Traffic Accident Claims
All road users have a duty of care to prevent injury to one another, from motorists to cyclists. To meet this duty, those on the road have to adhere to the Highway Code and Road Traffic Act 1988. These responsibilities can range from complying with speed limits to ensuring that a vehicle is in a roadworthy condition.
- Example: A driver fails to check their mirror or signal before exiting a junction onto a main road. Due to their actions, they fail to spot a cyclist passing them and collide with their bike. The impact knocks the cyclist off, causing multiple leg fractures.
Public Liability Claims
Under the Highways Act 1980, the party responsible for road maintenance must take practicable measures to ensure highways are reasonably passable for traffic. If highways aren’t adequately maintained, it can lead to serious bicycle injuries due to potholes or other forms of disrepair.
- Example: A local council doesn’t repair multiple potholes on a busy road despite knowing about the issue for some time. This inaction causes a serious bicycle accident, leaving the cyclist with extensive facial scarring and a serious neck injury.
Can I Make An Uninsured Driver Or Hit-And-Run Cycling Accident Claim?
If you meet the eligibility criteria discussed earlier, you may be able to make an uninsured driver or hit-and-run cycling accident claim. Typically, compensation in a road traffic accident is paid out by the liable driver’s insurer. However, if the driver is either uninsured or fails to stop at the scene of the accident, this may not be possible.
In such cases, you could make a bicycle accident compensation claim through the Motor Insurers’ Bureau (MIB). This organisation was set up to enable people to still make claims in these circumstances.
Specialist cycle accident solicitors could help you navigate the MIB claims process. Get in touch to find out how one of our panel’s solicitors could help you.
Examples Of The Most Common Cycling Accident Claims
Some common causes of cycling accident claims include:
- Motorists turning into the path of cyclists – A motorist distracted by their phone suddenly turns into the path of an unsuspecting cyclist, colliding with them and causing serious fractures.
- Overtaking accidents – A driver fails to leave enough space when overtaking a cyclist, knocking them off their bike and leaving them with a knee injury.
- Dooring accidents – A driver doesn’t use the Dutch reach method in a car park and opens their door in the path of a passing cyclist. As a result, the cyclist collides with the door and suffers extensive soft tissue injuries.
- Speeding – A speeding motorist is unable to stop in time before hitting a cyclist ahead of them, leaving them with a traumatic brain injury.
- Poorly maintained roads – A council allows a large amount of debris to build up on a busy road without taking any steps to remove the hazards. Subsequently, a cyclist hits some of the debris, sustaining a shoulder injury and a broken clavicle.
These are only a small snapshot of the many reasons why bicycle accident claims happen. To see if you could make a cycling accident compensation claim, please call our advisory team today.
Can Cycling Injury Claims Be Made On Behalf Of A Loved One?
In certain circumstances, cycling accident claims can be made on behalf of a loved one if the person harmed is unable to do so themselves. Specifically, children and vulnerable adults with reduced mental capacity cannot make a bike accident claim in their own right.
To make a personal injury claim on behalf of a loved one, you must apply to be a litigation friend. This role is assumed by a suitable adult (such as a close family member or solicitor) who acts in the best interests of the person harmed.
Can I Make A Fatal Bicycle Injury Claim?
Yes, it is possible to make a fatal bicycle injury claim. However, for the first 6 months after a person’s death, only the deceased’s estate can make a bicycle accident compensation claim. This timeframe is set by the Law Reform (Miscellaneous Provisions) Act 1934.
After 6 months, a qualifying family member can make a claim if the estate has not already done so on their behalf. These loved ones are termed dependants by the Fatal Accidents Act 1976 and can include:
- Spouses, civil partners, or partners.
- Parents or children (including step-children) of the deceased.
- Other close relatives, such as siblings, guardians, uncles, and aunts.
You can learn more about making bicycle accident claims on behalf of someone else by contacting our team.
How Much Cycling Accident Compensation Could I Get?
Cases where the claimant sustained injuries that led to tetraplegia may be awarded between £396,140 and £493,000. These figures are published by the Judicial College Guidelines (JCG), a document that collates suggestive compensation brackets for a variety of injuries. This resource may be used by specialist cycle accident solicitors when valuing compensation for pain and suffering, referred to as general damages.
Ultimately, how much compensation you could be awarded may depend on the type of cycling injuries suffered, how severe they were, and their overall impact on your life.
The following table includes a selection of compensation brackets from the JCG, but is used only as guidance and not as a guarantee of compensation. Please note that the headline figure isn’t from the publication.
| Injury | Severity | Compensation |
|---|---|---|
| Multiple, severe injuries + special damages, such as care costs | Severe | Up to £1,000,000+ |
| Paralysis | Tetraplegia/quadriplegia | £396,140 to £493,000 |
| Brain | Very severe | £344,150 to £493,000 |
| Neck | Severe (i) | Around £181,020 |
| Post-traumatic stress disorder | Severe | £73,050 to £122,850 |
| Back | Severe (ii) | £90,510 to £107,910 |
| Pelvic/hip | Severe (ii) | £75,550 to £95,680 |
| Shoulder | Severe | £23,430 to £58,610 |
| Elbow | Less severe | £19,100 to £39,070 |
| Hand | Moderate | £6,910 to £16,200 |
Can Cycling Injury Compensation Cover Financial Losses?
Yes, cycling injury compensation claims may also cover related financial losses. In order for your bicycle accident claim to include these special damages, you must gather evidence like bank statements and receipts to prove the losses.
You may claim compensation for costs such as:
- Loss of earnings – Covers past and projected future loss of income.
- Medical expenses – For instance, you may have had to undergo surgery or need long-term rehabilitative care.
- Home/Car – If you need to make modifications to improve accessibility, such as for wheelchairs.
- Care – You can reclaim the costs involved in receiving professional care and support.
- Physiotherapy/Occupational therapy – May be necessary to help you return to work or do other daily activities.
- Mental health – If you also suffered psychological trauma, you could claim for the cost of therapy, counselling, or other mental health support.
Contact us to learn more about compensation in bicycle accident claims.
How Can I Start A Claim For Bicycle Injury Compensation?
To get started with pursuing a bicycle injury compensation, you need to be sure that you have sufficient proof and that you have enough time to claim.
Evidence
What evidence you need may depend on the specific circumstances of your bicycle accident. The following is often helpful:
-
- Photos of the accident scene. For instance, if a pothole was the cause, you’ll want to show its width and depth with a tape measure or ruler.
- Video showing how the accident happened.
- The details of the other party involved in the accident. This information can include their address, vehicle registration, and insurance.
- A description of the vehicle, if one was involved. Take note of its licence plate, model, make, and any other distinguishing features.
- Copies of your medical records and relevant reports, such as those made to the police.
- Details of anyone who witnessed the accident take place.
This list may sound like a lot, but you will need a strong body of evidence to prove your claim. However, you don’t have to take this task on by yourself. If you work with a solicitor from our panel, they will do all they can to assist with collecting evidence on your behalf.
Time Limits
Personal injury claims need to be filed within the time limit set by the Limitation Act 1980. You will usually have 3 years to start a claim, but exceptions can apply. As mentioned earlier, minors and those with a mental incapacity cannot pursue compensation in their own right.
As a result, time limits are paused unless:
- A child turns 18, at which point they have the standard 3 years to claim.
- A person regains their mental capacity. If that happens, then the standard time limit takes effect from the date of recovery.
Our team has extensive experience handling bike accident claims, so please don’t hesitate to contact us for advice and further guidance.
Will I Have To Go To Court For A Cycling Injury Claim?
It is unlikely that you will have to go to court for a cycling accident claim. In rare instances, personal injury claims can end in court if:
- The defending party continues to dispute liability.
- There are disagreements over compensation during negotiations.
If you choose to claim compensation for a bike accident with a solicitor from our expert panel, they will work tirelessly to try to settle your case before it reaches the courts. Contact us to learn more and find out about bicycle accident claims in general.
Speak To Our Bicycle Injury Claims Advisors
Our advisors are on hand 24/7 to provide help and information on bicycle accident claims. They can offer a free, no-obligation assessment of your case and could connect you to a specialist solicitor from our panel.
The solicitors making up our panel have decades of combined experience in winning compensation for clients in similar cases. They are also committed to helping all eligible individuals claim compensation, which is why they can work under a Conditional Fee Agreement (CFA). If you sign a CFA when claiming for injuries sustained in a cycling accident, it will mean:
- Not having to pay solicitor fees in advance or during the claim.
- No fees to pay for the solicitor’s work if you don’t get compensation.
If you do win your claim, your solicitor will receive a success fee in recognition of their work. This is a pre-agreed percentage taken from your compensation and is capped by The Conditional Fee Agreements Order 2013.
Contact Public Interest Lawyers
Ready to get started? Contact Public Interest Lawyers today and find out how our panel of solicitors can help with bicycle accident claims:
- Call 0800 408 7825.
- Contact us online.
- Or tell us what happened to you via our live chat.
Learn More
You can get more information about making personal injury compensation claims from these resources:
- Find out about the changes to the Highway Code you need to know when claiming.
- View our guide to claiming for nerve damage caused by a road accident.
- Read more about claims against uninsured and untraced drivers.
References:
- Check the Highway Code rules for cyclists.
- Get cycling safety advice and information from the government’s Think! campaign.
- Learn more about first aid from the NHS.
As you reach the end of this article, we want to take a moment to thank you for reading our guide to bicycle accident claims.
