We’re seeing more and more cycling accident claims every year. In 2016 over 18,000 cyclists were killed or injured in reported road accidents [source: rospa]. Over 40% of cyclists suffer head or arm injuries, around 25% suffer leg injuries and 5% chest and abdomen injuries. Getting knocked off your bike can be a life-changing event, particularly if your future care has to be funded indefinitely.
If you’re not insured as a cyclist you may think there’s nowhere you can turn for help. That’s where we come in. As well as being experts in personal injury compensation we also have some keen cyclists here and you can be sure you will be in safe hands throughout. Whether you’re a commuter, leisure or competitive cyclist, if you are injured as a result of a bike accident which was not your fault, we can help.
The types of cycle accidents we usually claim for include:
- Being knocked off your bike by a car, van, lorry, bus or motorbike
- Accidents due to pedestrians
- Losing control after hitting a pothole, drain or uneven road surface
- Hit and run and uninsured driver accidents
Am I eligible to make a cycle accident claim?
To make a successful claim your accident has to be someone else’s fault, resulted in medical treatment, and happened in the last three years (unless you’re under 18). Given that cycling is seen as a dangerous activity, cyclists need to protect themselves as much as possible and be able to demonstrate that they wore the right protection – for example, not wearing a helmet could affect your case.
Clearly, if you are cycling around in a crazy manner, jumping on and off pavements, or mountain biking off road and come off, it’s going to be seen as being your own fault. You can’t claim personal injury compensation if an accident was caused by your own actions! Therefore, the first question to ask yourself is: Was someone else responsible for the accident?
The second question is: Do I know who caused the accident and do I have their details?
If another driver has caused the accident, you are likely to be able to pursue a claim against the insurers of the vehicle in question. Do you have their details? Did they stop and give you their name, registration number or insurance details? Did the police attend the scene of the incident? If you have the vehicle registration details and you are not at fault, you can make a straight forward road traffic accident claim. Witness statements and photographs can provide good evidence to support your claim, if they are possible to get.
If you don’t know the identity of the liable party, then you should report the incident to the police. In the case of a hit and run accident, an injured cyclist may still be able to recover compensation through the Motor Insurers’ Bureau, who compensate victims of untraced and uninsured drivers.
If you are thrown from your bike after hitting a pothole, you should note the location, ideally take a photograph of the hole and general area and report the matter to the relevant highways department of the local authority responsible for the maintenance of the area.
Thirdly: Were you sufficiently injured to seek medical treatment from a Hospital or your GP?
If you haven’t had medical treatment, it is likely that your injuries will not be seen as sufficiently serious to warrant a claim. If you haven’t yet sought medical treatment from your GP or hospital, your injuries may still present symptoms that your GP can diagnose.
How much injury compensation will I receive?
Every compensation claim is different. However, there are guidelines issued by the courts for solicitors. All our solicitors are experts in handling accident compensation claims and know how to use these guidelines to ensure you receive the right amount of compensation for your injuries. You will be advised once initial evidence has been collected as to the likely level of compensation.
In addition to the award for your injuries, you will also receive compensation for all other losses and expenses reasonably incurred as a result of the cycle accident. Your expert solicitor will advise you what expenses you can claim but these are likely to include some or all of the following:
- Replacement bicycle or the cost of repairs to your bicycle
- Damaged clothing
- Lost earnings if you have been away from work as a result of the accident
- Treatment for your injuries
- Miscellaneous expenses (bus fares, painkillers etc)
If you have any questions about whether or not your accident scenario warrants a claim, please call our team on 01225 430285, or if you prefer, we can call you back. We know your rights and can help you to understand them. We’ve successfully helped many clients claim compensation for cycling accidents and we’d love to help you, too