Cycling Injury Compensation – How To Claim For Bike Accident?

Last updated on May 23rd, 2022 at 10:16 am

Have you been injured while cycling on your bike through no fault of your own? If so, you might be entitled to compensation for your injuries.

As you’ll know, cyclists are one of the most vulnerable road users because a bike offers little protection during a collision. Even when a bicycle helmet is worn, cyclists can sustain horrific injuries in road traffic accidents. If the accident was caused by another road users negligence, you’d be well within your rights to seek damages from them. In this article on claiming compensation for bike accidents and cycling injuries, we’ll demonstrate when you might be entitled to compensation and what you could do to improve your chances of being compensated.

If you or a loved one have been affected by a cycling accident, we’re here to help. Our team provide free case reviews for all claims along with legal advice on whether you can proceed. If we believe your claim is viable, we’ll ask one of our personal injury lawyers to discuss matters with you. Should they agree to represent you, they’ll do so on a No Win No Fee basis. In our experience, this makes the cycling injury claims process less stressful as you’ll only pay for your solicitor’s work if you are compensated.

If you’d like us to review your chances of being compensated right away, please get in touch on 0800 652 1345 today.

Can I claim compensation for cycling injuries?

Before we move on to look at how and when to make a claim, we’ll explain the eligibility criteria that a solicitor will check before accepting a cycling injury claim. They are:

• That the cyclist was owed a duty of care by the other road user (the defendant); and
• The defendant was negligent in some way and that caused an accident; and
• The cyclist suffers injuries as a result of the accident.

Importantly, all road users must try to protect each other by driving and riding safely. This is their duty of care that comes from the Road Traffic Act 1988. Furthermore, changes to the Highway Code that have applied since the 29^th January 2022 have been designed to improve road safety for cyclists, pedestrians and horse riders using roads and pavements. That means that all road users must abide by the new rules which include giving cyclists more space when overtaking them.

It’s important to note that in most situations you’ll only be entitled to compensation for a cycling accident if it was caused by somebody else’s negligence. So, for example, if you were cycling on the pavement illegally and you were hurt in an accident you may find it difficult to justify being compensated.

How to prove you were injured in a bicycle accident

To make a successful cycling injury claim, in most situations, you will need to show how your bicycle accident happened, who was responsible and how you suffered. This means you’ll need to supply several pieces of supporting proof as part of your claim. This could include:

• Witness information. If the accident was seen by others, it’s a good idea to ask for their contact details. Where liability for the bike accident can’t be agreed upon, your solicitor could ask any witnesses for a statement of what they saw.
• Police reports. If your accident was serious and the emergency services attended, their investigation reports might be requested to show what happened.
• Medical records. As a cyclist, you should always seek treatment from a medical professional for any injuries caused by a road accident. If you attended A&E, a minor injuries unit or your local GP practice, you could request copies of your medical notes and any x-rays to help prove the severity of your injuries.
• If you’re able to do so, you should try to capture the scene of the bicycle accident on your phone. The best time to do this is before anything is moved if it is safe to do so.
• Dashcam footage. Where your accident was recorded on a car dashcam, you should ask the driver to send you a copy. Also, helmet cam footage or CCTV camera footage could be useful.
• The defendant’s details. As with any type of road traffic accident, you should ask anybody else who was involved for their details. You should collect their contact details, insurance policy details, information about their vehicle (colour, make and model) and the registration number.

If you would like us to look through your poof you may already have acquired during a no-obligation review of your claim, please call an advisor today.

Common compensation claims involving cyclists

There are many ways that a cyclist could be injured on their bike through no fault of their own and be entitled to be compensated. Some of the more common include:

• Drivers turning into the path of cyclists.
• Car doors being opened as a cyclist is passing.
• Drivers not spotting cyclists on roundabouts.
• Pedestrians stepping out into the path of an oncoming cyclist.
• Injuries resulting from falls caused by potholes and other defects.

Cycling accident compensation is possible for any type of injury caused by another road user including:

• Cuts and bruises.
• Back injuries.
• Broken or fractured bones.
• Head and brain injuries.
• Soft tissue injuries.
• Psychological injuries.
• Life-threatening injuries.

While cyclists will recover from their injuries over time, some can be life-changing and mean they’ll need to adapt their way of life. If you do decide to claim compensation, the severity and impact of your injuries will be considered in any settlement offer.

Please get in touch if you would like to know more.

Negligence of other road users causing bike accidents

In this section, we’ve provided a few scenarios that could lead you to claim compensation. You might be eligible to claim if the accident on your bike was caused by:

• Dangerous or reckless driving.
• A driver who was distracted by their mobile phone, satnav or radio.
• A pothole that the council had failed to fill within a reasonable amount of time.
• Road rage.
• A bus wing mirror hit you as the bus driver was driving too close to you.
• A driver under the influence of drink or drug driving.
• A driver who hadn’t told the DVLA that their eyesight had deteriorated.

Even if there’s not a scenario above that’s similar to yours, we could help you claim compensation. Please get in touch and explain what happened and we’ll review your options for free.

Cyclists and fatal accidents

According to government statistics, 141 pedal cyclists were killed in Britain in 2020. That is a slight increase from previous years. If you have lost a loved one in a cycling accident, we realise that no amount of money will make things better. However, you might decide at some point to claim compensation to ease any financial impact of your loved one’s death.

Firstly, spouses, parents and partners could be paid a bereavement payment according to the Fatal Accidents Act 1976. Additionally, you could claim compensation from the defendant if you depended financially on the deceased income (or benefits such as a pension). Similarly, you could claim for any costs you’ve incurred such as funeral expenses.

If you would like us to help you through the claims process, please call our team of advisors today on 0800 652 1345.

Our article on fatal accident claims can be read here.

How much compensation will I get for a bike accident?

Any compensation paid for a bike accident is designed to help you to recover from your injuries, as much as you can, and to cover any financial impact your accident has caused. If you decide to claim, your settlement could be based on:

• Any pain, suffering and loss of amenity your injuries have caused.
• Mental harm caused by conditions like distress, depression or Post-Traumatic Stress Disorder claims (PTSD).
• Lost income (and also future loss of earnings in more serious cases).
• The cost of a carer or a family member who has been looking after you.
• Travel expenses.
• Private rehabilitation and medical costs.
• The cost of replacing any personal property damaged in the accident.
• Any modifications to your home or vehicle that will make it easier for you to cope with your injuries.

If you decide to make a cycling injury compensation claim with us, your solicitor will review your case thoroughly to ensure everything is included in your claim.

Should I report my bicycle accident to the police?

If another vehicle was involved in your bicycle accident, you should report the incident to the police as soon as possible. This can be done in-person to an officer or at a police station. When you’re finished, ask for the police reference number as this might be needed if claiming against a motor insurance policy.

Claiming for injuries from a hit and run cycling accident

It is possible to claim compensation for injuries in a cycling accident caused by a hit and run driver. In some cases, they might leave the scene deliberately but in others, they simply might not be aware that they’ve hit your bike.

If the driver cannot be identified (or if they are uninsured), you could claim through the Motor Insurers Bureau (MIB). This is a scheme set up by the insurance industry and is paid for through a levy on insurance policies.

We can help with claims through the MIB scheme so please get in touch if you’d like to know more.

Cycle accident claims time limits

As you may know, personal injury claims have a 3-year limitation period. According to the Limitation Act 1980, your claim can be statute-barred if you take action too late. The time limit for cycling accident claims will usually begin from the date of the accident.

There are some benefits to beginning your claim early, though. They include:

• You’ll find it easier to recall what happened.
• Your solicitor will have plenty of time to collect evidence to support your case.
• There may be the chance of an interim payment to pay for private medical treatment.

An exception to the 3-year rule is where a child is injured in a bicycle accident. In this case, parents or guardians could apply as a litigation friend to represent their child and make a claim at any point before their 18^th birthday. If a claim hasn’t been made by that time, the child will have 3-years to claim themselves when they become an adult.

To check how long you’ve got left to claim, please contact an advisor today.

No Win No Fee cycling claims

There’s no use denying it, solicitor’s fees and expenses can be costly during personal injury claims. We understand that nobody wants to pay these fees if they lose their case. For that reason, our solicitors provide a No Win No Fee service for any claim they work on.

As you can imagine, our solicitors don’t want to lose money either so they’ll only take on cases with a reasonable chance of success.

If your case is accepted, you’ll receive a Conditional Fee Agreement (CFA) to fund your solicitor’s work. This contract will show you what will happen during the claims process and when you’ll need to pay the solicitor for their work. Read more on how CFA’s work for personal injury claims.

Essentially, solicitor’s fees do not need to be paid if you do not receive a compensation payment. Also, you don’t need to pay them in advance either. Instead, you’ll pay a success fee if your claim is won.

The success fee you’ll pay is detailed in your CFA. It is a percentage of any compensation you receive. Legally, to prevent overcharging, success fees are limited to 25% of any settlement when using a CFA.

To see if one of our solicitors could represent you on a No Win No Fee basis, please call today.

Start a cycling injury compensation claim today

We do hope this article has been helpful. If you have now decided to take action, why not get in touch on 0800 652 1345? There’s nothing to lose by calling because, whatever happens, you’ll receive free legal advice and a free case review.

If your case is accepted, we’ll appoint a No Win No Fee solicitor from our team to represent you. So that you don’t need to deal with complex medical or legal questions, they’ll handle all communication for you. You’ll be kept up to date throughout the claims process with regular updates and your solicitor will do all they can to try and secure the highest possible compensation payment for you.

Thanks for reading our article on bike accidents and cycling injury compensation claims, and if you would like to know anything else about the claims process, please use live chat to contact us or arrange a free consultation here.