When Can You Make A Cycling Accident Claim?
This article has been written to explain when you could make a cycling accident claim if you’ve been injured in an accident caused by a negligent driver.
You’ll also read about the types of evidence you could use to strengthen a personal injury claim following a cycling accident. After that, we set out how bike accident compensation is calculated and how it aims to address the impacts you have suffered because of your injuries.
Towards the end of this guide, we explain how our cycling accident solicitors could provide a No Win No Fee service for the claims they agree to take on.
To help you begin a bicycle accident claim, our team of advisors offer a no-obligation initial consultation. If you’d like to arrange yours, you can:
Alternatively, please read on for more information on claiming cycling accident compensation.
Select A Section
- When Can You Make A Cycling Accident Claim?
- What Could Lead To A Bicycle Accident?
- What Evidence Could Be Used In Cycling Accident Claims?
- Potential Compensation From A Cycling Accident Claim
- Make A No Win No Fee Cycling Accident Compensation Claim
- Read More About How To Make A Bike Accident Claim
Whilst all road users owe a duty of care to one another, those who have the potential to cause the most harm have more responsibility to minimise the danger or threat they pose to others as per Rule 204 of the Highway Code. This means that drivers would have a greater responsibility to reduce the danger or threat they pose to cyclists.
Cyclists may be entitled to begin a personal injury claim following a road traffic accident if:
- A duty of care was owed to them by another road user, such as a driver.
- A breach of this duty occurred.
- Due to the breach, the cyclist sustained a physical and/or psychological injury.
The three points above lay the foundation of negligence in personal injury claims.
If you have sufficient evidence that negligence occurred, you might be entitled to make a bike accident claim for compensation. Our team can provide further guidance on cycling accident claims so why not call them today?
Based on the criteria listed above, a cycling accident claim might be possible if your accident and injuries resulted from a breach of duty.
Here are some examples of cycling accidents and cycling injuries that could occur as a result of a breach of duty:
- A cyclist was hit by a car and thrown from their bike because the driver of the car failed to check their mirrors before changing lanes. This led to the cyclist suffering a serious neck injury.
- The driver of a car was distracted by their mobile phone and this resulted in a rear end collision with a bicycle. Subsequently, the cyclist suffered very serious injuries, such as broken bones and a back injury leading to paralysis.
- An intoxicated car driver drove over a solid white line into a cycle lane and crashed into a bicycle causing the rider to suffer life-changing injuries.
These are just a few examples of how the negligent actions of a driver could injure a cyclist.
If you believe you have a valid cycling accident claim and would like our help, please feel free to get in touch on the number above.
Evidence can help support cycling accident claims by demonstrating liability and show the injuries you have suffered.
The types of evidence that might strengthen your case can include:
- A copy of your medical records along with details of any treatment you’ve received.
- Contact numbers for anybody who witnessed your accident, so they can give a witness statement at a later date.
- Dashcam or CCTV footage of the accident if there is any available.
- Information about the motorist, their vehicle and their insurance provider.
- Photographs taken at the accident scene and of the injuries you suffered.
If you instruct one of our expert solicitors, as part of their services they can offer includes helping you collect evidence and build your cycling accident compensation claim. They can also ensure it’s presented in full within the relevant time limit. For personal injury claims, this is usually 3 years from the date of the accident.
For more information on how the time limits for cycling accident claims, the evidence you could collect to strengthen your case, and how a bike accident solicitor could assist you.
You may be wondering, “How much compensation will I get for a bike accident?” if you make a successful personal injury claim. Settlements are calculated on a case-by-case basis so the different facts and circumstances of your case will be considered when valuing how much compensation you’re owed.
Usually, in successful cycling accident claims, up to two heads of loss can be awarded. The first head of loss that may make up a compensation payout covers the physical or emotional pain and suffering caused by the injuries. This is called general damages.
As part of the claims process, you’ll need an independent medical assessment. The report that follows can provide information on the extent of your injuries and how they’re likely to affect you in the future.
To calculate the value of the injuries you suffered in a cycling accident, different resources can be used. Reference can be made to the independent medical report as well as the Judicial College Guidelines (JCG). This is a document with compensation guidelines for various injuries.
The compensation table that follows and our compensation calculator are both based on figures from the JCG.
However, the amounts listed should be used as a guide because your specific injury and accident circumstances will be considered. Also, the top entry is not from the JCG.
|Multiple Severe Injuries + Special Damages
|Up to £1,000,000 +
|A payout covering the pain and suffering caused by multiple severe injuries plus care costs, lost earnings, home adaptations and other special damages.
|£282,010 - £403,990
|Where there is little, if any, proof of meaningful response to environment. Also, the claimant will need full-time nursing care, suffer with double incontinence and have little (or no) language function.
|Loss of Both Arms
|£240,790 - £300,000
|The person is reduced to a state of considerable helplessness. They have full awareness of their injury.
|In the region of £148,330
|Neck injuries causing permanent spastic quadriparesis are included in this bracket.
|£24,990 - £38,490
|This bracket includes chronic conditions that may cause referred symptoms to other body parts as well as fractures or dislocations that cause severe immediate symptoms and may need a spinal fusion.
|Injuries to the Pelvis and Hips
|£78,400 - £130,930
|An extensive pelvis fracture that involves a low back joint dislocation as well as a ruptured bladder.
|£12,590 - £26,590
|Cases that may involve hip replacement or another type of surgery.
|Post-Traumatic Stress Disorder
|£59,860 - £100,670
|Permanent effects that stop the injured party from working at all or, at least, from functioning at pre-trauma levels.
|Other Arm Injuries
|Permanent and Substantial Disability
|£39,170 - £59,860
|Serious fractures to the forearms (one or both) causing permanent residual disability that is either cosmetic or functional.
Can Financial Losses Make Up Part Of Your Bike Accident Compensation Amount?
Another head of loss, special damages, might also be part of your settlement in a successful cycling accident claim. It covers financial losses, costs or expenses linked to your injuries such as:
- Lost income.
- Support or care costs.
- The cost of adapting your home to help you cope with any ongoing disabilities.
- Medical expenses.
If you’d like to claim back such costs, you will need to supply evidence such as bank statements, wage slips and bank statements.
If you’d like us to provide a potential bike accident claim amount for your case, please call for a no-obligation initial assessment.
Seeking legal representation for a cycling accident claim could benefit you in several ways. For example, a solicitor can help you claim compensation and assist you in gathering evidence to support your case and sending correspondence on your behalf.
Typically, when working with a solicitor under a CFA, you can expect the following terms:
- You don’t pay your solicitor for their work upfront, as the claim is progressing or if it fails.
- A success fee will be deducted from your compensation if the claim is won. This is taken as a percentage that is capped by law to ensure you receive the bulk of your settlement.
To see if you’re able to make a No Win No Fee cycling accident claim, you can:
Here are some more of our guides relating to road traffic accident claims:
- Learn how to claim for a passenger injury after a car accident caused by another driver’s negligence.
- Advice on claiming for a road traffic accident on public transport and how compensation is calculated.
- Guidance on when pedestrian accident claims are possible.
Here are some external links which may also help:
- A cycle safety campaign from Think!
- A pedal cycle factsheet from the government containing data about cycling accidents in 2021.
- Police guidance on when you should report a road traffic accident in which you were involved.
Thank you for reading this guide on making a cycling accident claim. If you need any other information about how to claim compensation if you suffered injuries in a cycling accident caused by a breach of duty, please call the number above.