In this guide, you’ll read when a bicycle accident claim might be possible following a road traffic accident resulting from a motorist’s breach of duty. To clarify when you might be eligible to claim compensation, we begin by setting out the eligibility criteria for bike and cycle accident personal injury claims.
After that, you’ll see some examples of the types of accidents that could result in a cycling accident claim. We then look at how cycling accident compensation is calculated and what can be included in your claim.
To help improve your chances of winning a cycling accident claim, we explain the types of evidence that might be needed to prove your case. Finally, we look at how the No Win No Fee service offered by our panel of specialist solicitors could benefit you if your case is valid.
If you’re looking to begin a personal injury claim following a cycling accident, you can ask us to conduct a free initial consultation. To do so, you can enquire about making a claim online so that an advisor can get back to you.
We’ve got plenty of advice about cycle accident claims throughout this guide but please get in touch if you’ve any questions.
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- When Could You Make A Bike Accident Claim?
- Evidence That Could Help You Make A Bicycle Accident Claim
- Examples Of Bicycle Accident Claims
- How Much Could Be Awarded In A Cycling Accident Compensation Claim?
- Use No Win No Fee Cycling Accident Solicitors To Claim Compensation
- Read More About Making A Cycling Accident Claim
In law, all road users must navigate the roads in a way to prevent injury and damage to themlseves and others. This a legal duty of care which can usually be met by driving or riding in accordance with the Highway Code and the Road Traffic Act 1988.
To provide cyclists and other vulnerable road users with more protection, the Highway Code introduced a hierarchy of road users in January 2022.
If a cyclist is injured in a road traffic accident, they could be eligible to begin a personal injury claim if:
- The other party involved owed the cyclist a duty of care at the time of the accident.
- The accident occurred because the other party failed to uphold that duty.
- As a result of the accident, the cyclist suffered an injury or injuries.
There are other scenarios that could result in a bicycle accident claim other than collisions involving motor vehicles. For example, cyclists might be entitled to claim against the local authority for injuries caused by potholes if the council can be shown to have failed in their duty to inspect and maintain the road.
Time Limits In Personal Injury Claims
Please keep in mind the personal injury claim time limit for making a cycling accident compensation claim. Under the Limitation Act 1980, generally, personal injury claims must be initiated within the court within 3 years from the accident date. There are exceptions to this time limit for minors and those lacking mental capacity.
We are happy to consider all types of cycling accident claims, so please get in touch if you would like us to check your eligibility to claim compensation for free.
When you make a cycle accident claim, you can strengthen your case considerably by supplying supporting evidence. Gather evidence to demonstrate who caused the bike accident, how it occurred and how your injuries have affected you.
Here are some examples of evidence that could be used in cycling accident claims:
- Dashcam, CCTV, mobile phone or helmet cam footage of the accident.
- A diary of how your injuries have affected you and any medical treatment you needed. A copy of your medical records could also help.
- Information about the other party involved. Details about their vehicle and their motor insurance policy should also be obtained.
- Photographs of any visible injuries and the layout of the accident scene.
- Contact details for any potential witnesses to the accident.
Our guide on how to prove a personal injury claim could help you further or you could call our team with any questions you have on cycling accident claims.
If you’d like to make a cycling accident claim or would like us to review your evidence for free, why not get in touch today? Our advisors can tell you if you have valid grounds to seek cycling accident compensation.
As set out earlier, the road traffic accident claims process requires you to prove that your cycling accident and injury were caused by somebody else’s negligence.
Therefore, we’ve listed some examples of cycling accidents that could be caused by motorists and lead to cycling accident claims below:
- A cyclist was hit by a car while crossing a junction because the driver failed to stop at a red light. Subsequently, the cyclist sustained a skull fracture and a serious brain injury.
- As they were distracted by their mobile phone, a driver caused a rear-end collision with a cyclist. This resulted in the cyclist suffering a lower back injury along with a broken leg.
- An impatient driver tried to overtake a cyclist on a busy road but failed to leave enough room. While doing so, the cyclist was knocked off their bike and sustained multiple fractures along with psychological injuries.
- A drunk driver who was speeding drifted into a cycle lane and collided with a bicycle. This led to a fatal accident.
This list is just a sample of the types of cycling accidents that can cause cyclists to be injured. If you believe you have a valid bicycle accident claim and would like your case to be reviewed for free, please call today.
You may be wondering how much compensation could be awarded in your bike accident claim. It’s important to note that there’s no set amount of compensation when making a cycling accident claim.
Instead, after liability has been proven, bike accident compensation is usually based on two heads of loss. The first is for any physical or psychological pain and suffering. It’s called general damages.
All the injuries you claim must be independently verified by a medical expert. The report that follows their assessment will help when it comes to calculating the value of your claim. The Judicial College Guidelines (JCG) may also be used at this point as it contains compensation guideline brackets for an array of different injuries.
While we don’t have a bicycle accident compensation calculator, the table below has guideline amounts from the JCG for some potential cycling accident injuries. Please bear in mind that settlements vary from case to case so the amounts displayed are not guaranteed.
The first line of our table is not taken from the JCG. However, it provides a good illustration of how compensation for serious injury claims may be calculated.
|Type of Injury
|Guideline Compensation Bracket
|Multiple Severe Injuries and Special Damages
|Up to £1,000,000 +
|Damages to cover psychological and physical pain linked to multiple severe injuries. Also includes special damages to cover any loss of earnings, the cost of a carer and home adaptations amongst other costs.
|Brain and Head Injury
|£282,010 to £403,990
|Factors considered when calculating a settlement include how well epilepsy is controlled (if present); life expectancy; degree of insight; sensory impairment and ability to communicate (with or without technology).
|£219,070 to £282,010
|Causing very serious disability. There will be a substantial dependence on others with a requirement for professional and other care.
|£104,830 to £137,470
|Where a single leg is amputated above the knee.
|Injuries to the Pelvis and Hips
|£78,400 to £130,930
|As an example, this category covers extensive pelvis fractures with a dislocated back and ruptured bladder.
|Established Petit Mal
|£54,830 to £131,370
|The success and impact of medication as well as the how well attacks can be controlled are factors used to decide compensation levels.
|£39,170 to £54,830
|A severely disabling elbow injury.
|£27,760 to £38,780
|For example, where a damaged intervertebral disc along with nerve root irritation leads to reduced mobility.
|£52,120 to £69,730
|Where constant and permanent pain results from a leg fracture that extends into the knee joint. Resulting in impaired agility or limited movement.
Claiming Financial Losses In Cycling Accident Claims
Another head of loss that could form part of a bicycle accident claim settlement is called special damages. This is compensation for any costs or expenses linked to your injuries.
For example, when working out the payout for cycling accident compensation, you may wish to consider:
- Loss of earnings.
- Rehabilitation and medical costs.
- The cost of care.
- The cost of modifying your vehicle or home to make it easier to cope with any ongoing disability.
As part of the cycling accident claims process, you will need to verify any costs you try to claim back. This can usually be achieved with bank statements, pay slips or receipts.
For us to value your bicycle accident claim for free, please complete the contact form at the bottom of this page. A bike accident claim will be valued on a case by case basis, and there is no set maximum compensation. Call our advisors today for a free estimate of your bike accident claim.
It’s fair to say that cycle accident claims following a road traffic accident can be complex and time-consuming. For that reason, it may be worth seeking legal advice and instructing a specialist cycling accident solicitor. They can make the claims process much easier for you as they’ll manage your claim from start to finish.
Because of the CFA, you:
- Will not need to pay for your solicitor’s work up front, during the bicycle accident compensation claim process or if the claim fails.
- Will pay a success fee if your claim is won. This is a deduction from the compensation awarded, and the percentage that can be taken is capped by law for your protection.
To find out if you might be able to make a No Win No Fee cycling accident claim, please enquire about starting your claim online. Your bike accident claim can be assessed for free, and you can also enquire about an estimate of how much compensation you could claim if your case is successful.
Here are some more guides about making road traffic accident claims in the UK:
- This guide answers the question, “Can you claim for a cycling accident?” amongst others.
- Advice on claiming for a hit and run road traffic accident.
- Details on how to claim if an uninsured driver has caused you to suffer.
Here are a few external links that might also help:
- Information about cycling safety campaign Think!
- Walking and cycling statistics from the UK Government.
- Information on broken bone treatment from the NHS.
Please contact our team if you would like more information about starting a bicycle accident claim.