Bicycle Accident Claims

Cycling is a popular activity throughout the UK and a preferred way of commuting for many; in 2020, 47% of the population owned a bicycle. Besides its health benefits, cycling is environmental-friendly and the most cost-effective mode of transportation.

Nonetheless, cyclists have limited protection while riding a bike and classify as vulnerable road users. Alongside pedestrians and motorbike riders, they have a greater casualty rate per mile travelled compared to vehicle drivers and their passengers.

Common causes of bicycle accidents include careless behaviour from another road user, poor road conditions and equipment failure. If you were injured due to someone else’s negligence, an experienced solicitor could help you make a bicycle accident claim.

To find out if you have a valid case, call 0800 470 0474 or arrange a call back today for a free claim assessment with a friendly legal adviser. If you are eligible to proceed with the case, you will be able to benefit from a no win no fee* service, which means there is no financial risk in pursuing bicycle accident compensation.

What should I do if I’m injured in a cycling accident?

If someone hits you on your bike or causes you another cycling accident, it can be tricky to know what you should do. The solicitors we work in partnership with have vast experience in claiming bicycle accident compensation and are here to advise on your next steps.

Making a bicycle injury claim should not be complicated or stressful. Your solicitor will talk you through the experience and ask a few questions to understand what happened. If you have a valid case, they will handle all the legal aspects, so you can focus on getting better and your loved ones.

The most important aspect of any personal injury claim is gathering all the necessary evidence to show that someone else was at fault and the extent of damages you suffered. Regardless of how your bicycle accident took place, you should try and take the following steps to help support your claim:

• Take photos at the scene of the accident, any damage to your bike or other personal items, and your visible injuries;
• Take pictures to show the road layout and any pavement defects that might have caused your bike accident;
• Ask for the name, details and insurance details of any drivers implicated in the accident and note down their vehicle registration number;
• Ask for the name and contact details of witnesses to the accident scene;
• Seek copies of CCTV or dashcam footage of the events if there is any;
• Report the accident to the police if you were the victim of a hit-and-run, collision with an uninsured driver or aggressive driving;
• Visit the A&E or minor injuries unit to have your injuries assessed and treated if an ambulance was not called at the accident scene;
• Keep any receipts, pay slips, and bank statements to have evidence of the financial losses and expenses you incurred.

With or without this evidence, it is advisable that you contact a personal injury solicitor as early as possible following your cycling accident. That will ensure the events are fresh in your mind and give them ample time to build a solid bicycle accident claim.

Can I make a bicycle accident claim?

If you have been injured in a bicycle accident that you believe was somebody else’s fault, you may be eligible to make a bicycle accident claim against the responsible party. At InjuryClaims.co.uk, we work in partnership with expert personal injury solicitors with years of experience handling all types of road accident claims, including cycling accidents.

There are some basic questions you should consider when determining whether you may be entitled to bicycle accident compensation:

• Was somebody else at fault for the accident?
• Did they owe you a duty of care?
• Did you suffer a personal injury as a result?
• Did the accident happen within the last three years?

If your answer to each of the above questions is ‘yes’, it is very likely that you would be entitled to pursue a claim. As a general rule, everyone has a duty to act in a way that does not endanger the health and safety of others. Your solicitor will consider your circumstances and refer to the appropriate legislation to prove liability on the part of the defendant. According to your situation, this could be:

• Another road user who acted negligently and caused a road traffic accident;
• The local council or another highway authority if your injuries were due to poor road conditions such as a pothole accident;
• A bike manufacturer or repair shop if you had an accident due to a mechanical failure or another equipment malfunction;
• Another individual, if you, for example, were assaulted or attacked by a dog while cycling.

To find out within minutes if you have a valid claim for compensation, arrange a call back or call 0800 470 0474 today for a completely free consultation. If you can make a cycling accident claim, your solicitor will take expert care of all the details while you focus on recovering from your injuries.

Common causes of bicycle accidents

Cycling as a mode of transport has increased quite significantly in recent years and is a preferred means of transportation for many people, particularly in cities. Research published by Cycling UK shows that in 2020, 47% of the UK population aged five and over either own or have access to a bicycle.

On the downside, this means that every year thousands of people are involved in cycling accidents. According to the Department for Transport, 17,527 people in the UK were injured due to cycling accidents in 2018. From this number, 99 people were fatally injured, and a further 4,033 people suffered severe injuries.

There are a variety of reasons for these bicycle accidents, including the following:

• Accidents caused by another vehicle, such as a car, bus, or motorbike;
• Accidents caused by pedestrians;
• Accidents caused by poor road conditions, such as uneven road surfaces, potholes, etc.

Bicycle accidents can also occur due to faulty products. If you suffered an injury because of a fault with the bicycle itself, you might still be eligible to make a cycling accident claim against the manufacturer or the seller of the bike.

The injuries cyclists suffer can be extensive as they do not have as much protection as a driver or passenger in a motor vehicle. There are no seatbelts, no metal cages and no airbags that can help to protect the biker from a sudden impact.

Wearing a bike helmet can help shield the head from significant head trauma, but the rest of the body is still exposed and without protection. Broken bones and other serious injuries are, therefore, not uncommon for many people involved in these accidents.

Bicycle accidents can happen for a wide variety of reasons, such as the negligence of another road user, potholes, debris on the road or a simple lapse in the concentration of the cyclist. Some of the most common causes leading to a bike accident claim include:

Collisions with other road users

Being involved in a collision with another vehicle, such as a car or bus, are the type of accidents most likely to result in a personal injury claim. A car may try to overtake a cyclist without giving enough room, make a turn across their path or cross lanes without checking for bikers. In each of these cases, the victim would be able to claim bicycle accident compensation from the driver of the vehicle responsible for the accident.

If a driver fails to stop at the scene of an accident, the police should be notified immediately. If they are not found or have left the scene because they do not have a valid licence or an insurance policy, a bicycle injury claim can potentially be made through the Motor Insurers Bureau (MIB).

Losing control of the bike

A cyclist may lose control of the bike for many reasons, including cycling too fast, not paying attention, performing tricks while riding, etc. Under these circumstances, the only person at fault is expected to be the cyclist involved, so a compensation claim would be unlikely.

However, if the cyclist loses control of their bike due to a poorly maintained road, such as hitting a pothole or debris on bike lanes, it may be possible to make a successful cycling accident claim against the responsible highway authority.

A claim could also be made against a business that has caused debris or a spillage on the road. For example, if lorries from a business premises have trailed mud or oil across a road which caused you to fall from your bike, you could potentially hold the business liable for your injuries.

Mechanical and structural problems

Issues with the bike itself can make it dangerous to ride and lead to accidents and injuries. Such problems could include a loose wheel, incorrectly inflated tyres, brake failure, damaged pedals, or issues with the bike chain.

Regular checks and maintenance are essential to ensure the bicycle is safe to ride without putting the cyclist at risk. In most cases, the user is responsible for carrying out these checks and maintaining the bike in good working order. However, if a professional mechanic has been hired and they failed to diagnose a bike problem or caused a crash due to careless fitting, you could pursue compensation from them.

Regardless of what caused your accident, if another person or entity was at least partially responsible for it, a personal injury solicitor could help you claim compensation for your injuries. You can find out if you have a valid bicycle accident claim by filling in our online claim form or calling 0800 470 0474. A friendly legal adviser will discuss your injury claim without any obligation to proceed.

What are common cycling injuries that people claim for?

Since cyclists do not enjoy the same level of protection as other road users, they are more susceptible to suffering severe or multiple injuries in a road traffic accident. Even when taking all the feasible precautions, a cycling accident could lead to a wide range of injuries, such as:

• Road rash and other minor injuries

A minor cycling accident may lead to bruises, cuts, scrapes, or abrasions caused by friction, which are some of the most common bicycle injuries. More severe lacerations or gashes may be followed by heavy bleeding and can result in lasting or permanent scarring.

• Sprains and strains

Sprains and strains are usually moderate injuries affecting the muscles, ligaments, or tendons. They can cause severe pain and impaired mobility but typically heal without the need for surgery or physical therapy.

• Fractures and dislocations

The impact trauma caused by falling off the bike or a collision with another vehicle can be severe enough to sustain fractured bones or cause the bones to be displaced from their normal joint position. Severe fractures and dislocation can cause permanent mobility issues and may need surgery and a lengthy recovery period.

• Neck and back injuries

Neck and back injuries are common in bicycle accidents and can have devastating consequences if there is damage to the spinal cord. While fractures and soft tissue injuries in these regions can cause chronic pain and mobility issues, spinal cord injuries can lead to paralysis and loss of bodily functions.

• Head and brain injuries

Trauma to the head and brain is one of the most severe types of injury you could suffer in a bicycle accident. Wearing a helmet can offer extensive protection, but it is not required by law in the UK. This means you could be fully compensated in a bicycle accident claim even if you were not wearing a helmet.

• Psychological injuries

Any accident has the potential to cause long-term emotional stress, anxiety, depression and other psychological injuries. This may cause you not to be able to ride a bike anymore and have nightmares and other symptoms for which you could claim bicycle accident compensation.

• Fatal injuries

Unfortunately, far too many cyclists are killed on the roads, with 141 fatalities in 2020 alone. While not every death is due to someone else’s negligence, you might be entitled to make a bike accident claim for compensation if a loved one dies due to injuries caused by someone else’s actions.

The type and extent of your injuries will not impact your eligibility to make a bicycle accident claim but will determine how much compensation you are entitled to receive. Call 0800 470 0474 or arrange a call back for a free claim assessment with a friendly legal adviser to find out if your case has merit.

How much is a bicycle accident compensation claim worth?

The amount of compensation you could receive in a successful bicycle injury claim depends entirely on your circumstances. Your solicitor will take into account the type and extent of your injuries, your pain and suffering and all your financial losses and expenses to calculate a fair settlement on your behalf.

The damages covered by bicycle accident compensation are grouped into two different categories, as follows:

• Special damages are awarded for all the economic losses caused by your accident, such as short and long-term medical expenses and the cost of repairing or replacing your bicycle. They also cover lost wages during recovery and the cost of care and assistance, even if provided by friends or family members.
• General damages are awarded for the injuries you sustained and the pain, suffering and other personal losses caused by them. These take into account factors like mental and physical impairment, emotional and psychological trauma, reduced quality of life, scarring and disfigurement.

While special damages are relatively easy to calculate since they have an assigned monetary value, assessing compensation for general damages is more complex. The recommendations offered by the Judicial College are the starting point that courts and solicitors use when negotiating personal injury claims. According to these, you could be entitled to receive the following amounts in general damages:

• £7,780 to £13,210 for a fractured femur
• £77,700 to £151,070 for a severe back injury with damage to the spinal cord
• £65,740 to £100,670 for a severe chest injury causing permanent damage to the heart or lungs
• £36,770 to £122,860 for an arm injury causing significant pain and disability
• £3,370 to £122,860 for a hip or pelvis injury, depending on the severity and long-term effects
• £38,800 to £139,210 for a neck injury that causes reduces mobility and ability to carry out daily activities
• £1,880 to £379,100 for a head injury, with the upper end awarded for the most severe brain injuries leaving the victim dependent upon others
• £3,950 to £100,670 for post-traumatic stress disorder, depending on severity and duration

A free consultation with an experienced legal adviser can let you know whether you are eligible to start a bicycle accident claim. If you can proceed with your claim, they can also give you an estimate of how much compensation you could expect to receive.

To receive your free consultation, call 0800 470 0474 or arrange a call back. This service is provided without any obligation attached, and during the process, you are free to ask any questions you may have about the service.

Is there a time limit to make a bike accident claim?

According to UK law, there is a three-year time limit to start a bicycle injury claim following an accident that was not your fault. After the time limit expires, your claim becomes statute-barred, and it is unlikely you will be able to proceed.

If your injuries did not become immediately apparent, the three-year countdown begins on the date you received a diagnosis. There are some other circumstances where the claim limitation date can vary considerably from the typical time limit:

• With child accident claims, a competent adult can claim bicycle accident compensation on their behalf at any point. Once they turn 18, the victim can start a bike accident claim themselves and will have until their 21st birthday to do so.
• If the claimant lacks the mental capacity to make decisions about their bicycle accident claim, the time limit is suspended until they regain their ability to handle a legal case. During this time, like with claims made on behalf of children, a litigation friend can claim on their behalf. However, if the person does regain their mental capacity, they will have another three years from this point to take legal action themselves.
• If you lost a loved one due to a cycling accident, you could claim bicycle accident compensation for their wrongful death. In this case, the time limit to claim is three years from the date of death.
• If your injuries resulted from a violent crime, you have two years to start a bike accident claim through the Criminal Injuries Compensation Authority (CICA). The CICA requires you to report the accident to the authorities and have a police reference number.
• It is also possible to pursue compensation if you had an accident outside the UK, but the time limit could vary greatly depending on which country your accident happened in. As this could be shorter than three years, you should seek professional advice as soon as possible.
• Speaking to a solicitor promptly after a cycling accident will help you remember all the relevant details and make it easier for them to gather evidence and prepare your case.

Waiting too long to contact a solicitor could jeopardise your injury claim, as many solicitors will not accept a case that is too close to the claim limitation date.

Will I be offered a no win no fee agreement?

When you contact a legal adviser to have your claim assessed, they will carefully consider your circumstances to determine whether you have a fair chance to win compensation. If they accept your bicycle injury claim, your solicitor will be able to offer you a no win no fee agreement, which means that:

• You can take legal action regardless of your financial situation since you do not have to pay any upfront fees;
• Your solicitor will offer you free advice and support through the claims process and will know exactly how much compensation you are entitled to receive;
• They will help you gather evidence, prepare legal documents and negotiate the best settlement on your behalf;
• Losing the cycling accident claim will not leave you out of pocket since you will not have to pay anything to your solicitor;
• If you win the claim, your solicitor gets a success fee of up to 25% of your compensation award for the risk they took by offering you a no win no fee agreement.

With a conditional fee agreement, you do not have to worry about any court fees and legal expenses either. If you make a successful bike accident claim, the defendant will cover most of your legal costs and disbursements. If you lose, you are protected by the After the Event (ATE) insurance your solicitor will take out at the beginning of your legal case.

To summarise, making a no win no fee cycling accident claim protects you from financial risks and ensures you will not lose a single penny if your claim fails. To have your claim assessed by an expert legal adviser, call 0800 470 0474 or enter your details to arrange a call back.

Can bicycle accident claims be made on behalf of somebody else?

If a loved one, such as your child, a friend or another family member, has suffered a bike injury, you might be able to claim bicycle accident compensation on their behalf. To do so, you will need to apply to the court to become their litigation friend, which involves:

• Compiling a certificate of suitability stating that you can represent them fairly and competently without having any conflict of interest;
• Filling in a certificate of service proving that the victim or their family, carer, or deputy agree to have you as a litigation friend.

In the eyes of the law, children are not considered to possess well-formed judgments to allow them to hire a solicitor or make decisions about a claim. Therefore, everyone under 18 will need a parent, legal guardian, or another competent adult to claim on their behalf. If no one has claimed on their behalf before turning 18, the victim will have until their 21st birthday to claim themselves.

Adults will usually make a bike accident claim with the help of a professional solicitor. However, they may need to be represented by a litigation friend if they suffer from a mental or cognitive impairment, such as:

• A neurodegenerative condition like dementia or Alzheimer’s disease
• A mental health condition like major depression or bipolar disorder
• A severe learning disability, such as Down syndrome or cerebral palsy
• Post-traumatic stress disorder
• A severe brain injury caused by the cycling accident itself

A litigation friend has many responsibilities, such as paying all the fees requested by the court, making decisions about the claim and consulting with the solicitor regularly. They also have to ensure the victim attends all their medical appointments and consider any settlement offers made by the other side. The role of a ligation friend ends:

• Once a child has their 18th birthday
• If an adult regains their mental capacity and can handle their own case
• When the bicycle accident claim comes to an end, i.e. a settlement has been reached
• If you or someone else petitions the court for a replacement with a valid reason

If you have secured compensation for a child or adult lacking mental capacity, you will need to attend an Approval Hearing before a judge. They will review the evidence to ensure the victim has received a fair settlement. Your solicitor may also help you set up a personal injury trust for the victim, so their bicycle accident compensation will not affect their eligibility for means-tested benefits in the future.

Helping you claim the compensation you deserve

If you have been injured in a bicycle accident that was not your fault and are looking to get some advice on taking legal action, call 0800 470 0474 or arrange a call back today. Personal injury lawyers are experienced in handling bike accident claims and recovering the maximum amount of compensation possible for clients.

To start a claim, you do not have to put yourself under any financial strain, as your solicitor will work on a no win no fee basis. This means there are no upfront fees to pay, and if your claim is unsuccessful, your solicitor will not charge you for the work they have done.

Whether you are unsure about making a claim or have questions about the claims process, a free consultation with a legal adviser is a great way to get further information and find out exactly where you stand.