How To Claim For A Cycle Accident
Any type of cycle accident could result in very serious injuries as riders are offered very little protection when compared to other road users. In this guide, you’ll learn when you could make a cycle accident claim if you have been injured because another road user breached their duty of care.
You’ll learn how the claims process works and the types of evidence that could make your claim stronger. Furthermore, we’ll review how compensation is calculated in personal injury claims.
Finally, if you have a valid cycle accident compensation claim, we’ll show you how one of our solicitors could represent you on a No Win No Fee basis.
JF Law offers a free consultation where your claim will be reviewed on a no-obligation basis. To arrange yours, you can:
If you have any questions about claiming compensation following a cycling accident, please read on or get in touch today.
Jump To A Section
- When Can You Claim For A Cycle Accident?
- How To Claim For A Cycle Accident
- How Can A Cycling Accident Be Caused By Driver Negligence?
- Bicycle Accident Compensation Calculator
- Make A No Win No Fee Bike Accident Claim
- Learn More About Claiming For Cycle Accidents
All road users have a duty of care to use the roads in a way that prevents injury or damage to themselves or others. To fulfil this duty of care, they must comply with the rules set out in the Road Traffic Act 1988 and the Highway Code. If a road user were to breach this duty for example speeding, running a red light or not driving with due care and attention they could be liable should a party suffer injuries in a road traffic accident as a consequence of their actions.
The eligibility criteria to make a personal injury claim following a cycle accident are:
- At the time of the incident, you were owed a duty of care by the defendant.
- Your accident occurred because the defendant breached their duty of care in some way; and
- As a direct consequence of the accident, you sustained injuries.
If you have any questions or you’d like us to check if you have a valid bike accident claim, why not call our team on the number above today?
Making a cyclist accident claim can be a tricky process especially if it’s not clear how the accident happened. Therefore, you may wish to collect evidence following a cycling accident if you intend to make a claim. To make a personal injury claim after a road traffic accident, you must meet the criteria stated above, this means that a driver will need to be at least partially responsible for the accident. Having evidence is key to proving liability as well as how you were injured.
In any type of road traffic accident (RTA), the types of evidence you could collect include:
- Information about the other party involved (name, address, contact details etc.).
- Details of the other party’s insurance policy if they have one.
- Contact details for any witnesses to your accident.
- Photographs and video footage (CCTV, dashcam etc) to demonstrate how the accident happened.
- Details of any hospital or GP appointments you attended following the accident.
- Information about how your injuries have affected you.
If your cycle accident claim is valid, one of our solicitors may agree to represent you. As part of their service, they will collect witness statements or obtain your medical records to strengthen your claim.
To see if you might be entitled to claim personal injury compensation, call our team today.
As described earlier, cycle accident claims may be possible if you’ve been injured because a driver (or another road user) breached their duty of care towards you.
Some examples of such breaches that can lead to cycling injury claims include:
- If you were knocked off your bike due to a driver pulling out of their drive without looking.
- Where a bus collided with your bike because the driver failed to check before pulling out of a junction.
- If a driver opened their door before checking it was clear and knocked you off your bike.
- A cyclist was hit from behind as the vehicle driver did not leave enough stopping distance for braking.
There are many other ways in which bicycle accidents can occur. To find out if you could make a personal injury claim following a cycling accident why not call our advisors today? In one phone call, they could tell you if you have a valid claim.
If you make a successful cycle accident claim, two heads of loss will determine how much compensation you’ll receive. The first, general damages, covers pain, suffering and loss of amenity.
An independent medical report and figures from the Judicial College Guidelines (JCG) will help calculate the level of damages you’ll receive. The JCG contains compensation guideline brackets based on successful claims heard in court. It contains many different types of injuries and illnesses alongside guidance figures.
b Our compensation calculator and the table below both use amounts from the JCG. However, the amounts listed are for guidance only because the amount of compensation awarded in cycle accident claims can vary widely.
|Type Of Injury||Severity||Compensation Guidelines||Notes|
|Brain||Very Severe||£282,010 to £403,990||Life expectancy, sensory impairment, behavioural problems, degree of insight and other factors will be considered when determining settlement amounts.|
|Back||Severe (i)||£91,090 to £160,980||Cases of the most severe injury involving damage to the spinal cord and nerve roots.|
|Severe (iii)||£38,780 to £69,730||Despite surgery, there remain disabilities such as continuing severe pain and discomfort, impaired agility and impaired sexual function.|
|Neck||Severe (iii)||£45,470 to £55,990||Chronic conditions caused because of neck fractures, dislocations or serious soft tissue injuries.|
|Moderate (i)||£24,990 to £38,490||Dislocations or fractures that cause immediate and severe symptoms.|
|Arm||Injuries Resulting in Permanent and Substantial Disablement||£39,170 to £58,860||Serious fractures of one or both forearms.|
|Knee||Severe (iii)||£26,190 to £43,460||Where the claimant may suffer pain, discomfort, limited movement and instability because of a knee injury.|
|Skeletal||(b)||£14,900 to £23,950||Permanent facial deformity because of multiple facial bone fractures.|
|Chest||(g)||Up to £3,950||Where the claimant suffers over a period of weeks because of broken ribs or soft tissue injuries.|
How Can You Claim For Financial Losses Compensation?
A second head of loss could form part of your settlement if you’ve incurred any financial costs linked to your accident or injuries. These are called special damages and could cover:
- Medical costs and prescription fees.
- The cost of a carer.
- Any reduction in earnings (including future loss of income).
- Travel expenses.
- Modifications to your home to make things easier if you’ve been left disabled.
To prove the extent of any financial implications linked to a cycle accident, you should provide copies of documents such as receipts, pay slips or bank statements.
Please reach out to a member of our team if you’d like to check how much compensation you could be entitled to for a cycling accident.
Our team are able to check if you have a valid cycling accident claim. We do this as part of a free initial consultation where you’ll receive no-obligation legal advice about your options.
If your claim is valid, one of our specialist solicitors might offer to represent you in a personal injury claim. If that happens, your solicitor will work on a No Win No Fee basis after you’ve signed a Conditional Fee Agreement (CFA). This means that:
- Your solicitor’s work will not have to be paid for in advance or during the claims process.
- Should your claim fail, you won’t have to pay for your solicitor’s work.
- If compensation is awarded, a percentage of it will be kept by your solicitor as a success fee. This is legally capped so you’ll still retain the majority of the compensation payout.
Using a personal injury solicitor to help with a road traffic accident claim can make the process easier because they will:
- Help to find evidence to support your claim.
- Deal with the defendant’s insurers on your behalf.
- Use their legal skills and training to fight your corner.
- Ensure your claim is filed within the allowable time limits.
- Keep you updated about how your claim is progressing.
If you’d like us to check the validity of your cycle accident claim, you may:
In this final section of our guide about bicycle accident claim payouts, we’ve listed some more of our articles:
- How to claim for a foot injury at work.
- Claiming compensation for public place
- Guidance on making a knee injury compensation claim.
Additionally, we’ve added some further useful resources below:
- Government statistics for pedal cycle accidents in 2021.
- Advice on making the road safe for cyclists.
- Advice on when to visit A&E if you’re injured.
If you’ve had a cycle accident and would like any further information about starting a personal injury claim, please get in touch today.