Do you need guidance on making a cycle accident claim? This article will explain the different ways a road traffic accident could occur and how much compensation you could receive for the harm you have suffered, should you hold a valid claim.
Road traffic accidents can involve different road users such as drivers, cyclists and pedestrians and can lead to injuries of varying severity, including those that are serious and life-changing.
Every road user has a duty of care to consider one another and behave safely. If you ride a bicycle or motorbike and have been injured due to a road user breaching their duty of care, you may be eligible to make a claim.
This article will explain what evidence you can use to prove that another road user was liable for the accident in which you sustained harm and other steps you can take to build a strong case.
If you need more information, don’t hesitate to contact our advisors, they are available 24/7:
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- How Do I Make A Cycle Accident Claim?
- Examples Of Bike Accidents
- How Can I Prove A Road User Breached Their Duty Of Care?
- Compensation Payouts For A Cycle Accident Claim
- No Win No Fee Agreements And Bike Accident Claims
- Additional Guidance On Making A Cycle Accident Claim
For a cycle accident claim to succeed, you must establish that your injury resulted from another road user’s negligence. Road users have a duty of care to one another to minimise risks on the road. If a road user breaches this duty of care and you are injured, you could make a claim based on negligence.
You may be unsure whether you need cycle accident solicitors to make a claim. It is not a requirement but it can be beneficial. To benefit you further, you could opt to hire a No Win No Fee solicitor, which we will discuss in more detail later in the article.
Before making your claim, you should be aware of the time limits in personal injury claims. The Limitation Act 1980 outlines the time limits to commence legal action. For a cycle accident claim, you would generally have three years from the date of the accident or the date you connected your injury to negligence.
Why not contact us today for more information? Our advisors are available all day, every day, for your convenience.
Cycling Accident Statistics
Useful statistics for cyclists in Great Britain sourced from the Department for Transport:
- Between 2004 and 2020, pedal cycle traffic has grown by 96% and serious injuries to cyclists by 26%. Also, fatalities increased by 5%.
- In 2020 reports show that 4,215 cyclists were seriously injured and 11,938 slightly injured. Also, 141 pedal cyclists were killed.
- Between 2015 and 2020, there were 83,300 casualties caused by accidents involving a cyclist and 1 car. This is more than any other vehicle type.
- Between 2015 and 2020, the most common contributory factor of fatal or serious collisions with cyclists was drivers or riders failing to look properly at 11,348.
The Road Traffic Act 1988 is a piece of legislation governing road users’ responsibilities. Alongside The Highway Code, it describes road users’ duty of care to not drive dangerously and put others at risk. This covers areas such as speeding and driving under the influence.
There are various ways a breach of duty of care could lead to a cycle accident claim.
For example, the driver of a car has consumed over the legal limit of alcohol but still chooses to drive their car home from a party. On their journey, they swerve across the road and make reckless decisions because of the alcohol they have consumed. This leads to them hitting a cyclist and causing them to sustain a severe neck injury. This could lead to a claim as the driver has breached their duty of care not to endanger other road users through dangerous driving.
Another example is a driver joining the main road from a side road without looking either way. As a result, they hit a cyclist. This could cause the cyclist to sustain a severe head injury. Again, the driver has breached their duty of care.
Other factors that could cause a bike to be in a road traffic accident are:
- A road user is in a hurry, speeding and acting recklessly.
- A dangerous turn or manoeuvre in an area that it is prohibited.
- Not using lights at night.
- Driving under the influence of drugs.
Not all road traffic accidents lead to claims being made. You must prove that a road user breached their duty of care and caused you harm. We have provided more information on how you can prove negligence in the section below.
Firstly, you should seek medical attention when you have been involved in an accident. A medical professional can diagnose and treat your injuries. Next, if you pursue a cycle accident claim, you must gather evidence to prove a personal injury claim. Some things you could do are:
- Acquire your medical records – These can be used as proof of your injuries and of any treatment you have had to undergo.
- Take photographic evidence – Photos of the scene, the vehicles, and your injuries can all help to explain how the accident happened and how the other road user is liable.
- Find CCTV footage if available – This may show the accident happening.
- Ask for witness contact details – You can get a witness’s contact details for your solicitor to gather statements later in the claim that will corroborate your story.
Finally, it is advisable to seek the help of a solicitor who will offer you their services to help you get the best possible outcome for your cycle accident claim.
If you have been in a bike accident due to another road user’s negligence, please contact our team of advisors for further guidance.
There are two types of cycle accident compensation you can receive following a successful claim: general and special damages.
Firstly, general damages compensation is awarded for the physical and mental harm that the injury has caused. It considers how long you may spend suffering and how your quality of life has changed after the injury.
The table below shows guideline brackets based on previously awarded compensation for different injuries. These figures are from the Judicial College Guidelines (JCG), produced in April 2022, and are used as a guide by solicitors to work out the general damages portion of settlements.
|Injury||Details||Amount of compensation|
|(c) Moderate Injury Resulting from Brain Damage (i)||There will be no prospects of employment. Brain function will have moderately to severely declined. Personality has changed and senses are affected.||£150,110 to £219,070|
|(b) Loss of One Arm (i)||Where the arm has been amputated at the shoulder.||Not less than £137,160|
|(b) Severe Leg Injury (ii)||Very serious injuries will have a permanent effect on mobility and there will be a need for mobility aids for the rest of the person's life.||£54,830 to £87,890|
|(a) Severe Back Injury (iii)||Injury leads to chronic conditions. For example, a fracture of discs. Disabilities remain after treatment, such as severe pain, lowered agility and depression.||£38,780 to £69,730|
|(c) Minor Back Injury (i)||Recovery in two to five years without the need for surgery. Or recovery where a slight nuisance may remain.||£7,890 to £12,510|
|Injuries Affecting Sight (d)||Total Loss of One Eye||£54,830 to £65,710|
|Injuries Affecting Sight (h)||Minor Eye Injury||£3,950 to £8,730|
|(a) Severe Neck Injury (iii)||There will be a permanent significant disability or chronic condition, caused by dislocations, fractures or serious soft tissue damage.||£45,470 to £55,990|
|(c) Less Serious Leg Injury (ii)||Femur is simply fractured with no damage to the articular surfaces.||£9,110 to £14,080|
|Chest Injuries (b)||Traumatic injury affecting the chest, lungs or heart which causes permanent damage and other issues.||£65,740 to £100,670|
Secondly, special damages compensate for financial losses caused by the injury, both past and present. For example, the cost of any care you may require when recovering, past and future income loss and travel expenses. It is imperative to note evidence must be kept to seek compensation for special damages. This can include payslips and receipts.
A No Win No Fee agreement can be beneficial when claiming cycle injury compensation. It offers you the opportunity to hire legal representation without worrying about paying fees for your solicitor’s service upfront or during the course of your claim. Nor will you have to pay for your solicitor’s services should your claim fail.
If your claim is successful, your solicitor will take a small percentage of the compensation, known as a success fee. This is legally capped.
This type of No Win No Fee service is called a Conditional Fee Agreement which our panel of solicitors could offer.
Contact our team of advisors to learn more about how you could work with a No Win No Fee solicitor from our panel when making your cycle accident claim.
Call Us To Start Your Cycle Accident Claim
If you would like more information about making a road traffic accident claim, please:
Below, we have provided some additional guides that we have:
- Claim Settlement Figures For PTSD Sufferers
- No Win No Fee Personal Injury Claims
- How Much Is A Broken Rib Worth In Compensation?
- Road Traffic Accident Claims
- All You Need To Know About Road Traffic Accident Claims
- Fatal Car Accident Claims – How To Get Compensation
- How Can Cycling Accident Solicitors Help Me?
- Car Accident Personal Injury Claims Guide
- Could I Get Compensation After An Accident On A Bus?
- How To Claim For An Accident On Public Transport
- I Had An Accident On Public Transport, Can I Make A Claim?
- What Goes Into Making a Taxi Accident Claim?
- How To Make A Passenger Injury Claim After An RTA
- Making A Car Accident Claim Guide
- How Long Do Car Accident Claims Take To Complete?
- How To Find Solicitors For Car Accident Claims
Also, here are some other helpful external resources:
We hope you have found this guide on making a cycle accident claim useful. However, if you have any other questions, don’t hesitate to contact us.