Are you currently dealing with the consequences of a cycling accident caused by someone else’s negligence? If so, our guide can explain how you could make a personal injury claim for compensation.
We understand the difficult time you might be going through. Accidents are often unpredictable and can cause long-lasting effects. However, we’re here to help by explaining how to make a personal injury claim for an accident that wasn’t your fault.
If you still have questions after reading our guide, our advisors can provide you with further information. They’re available 7 days a week to provide free legal advice and answer any questions you might have about your cycling accident. Additionally, they can connect you with our panel of personal injury solicitors if you’re ready to make a start with your claim.
About Suing For A Cycling Accident
- A Guide On How to Sue For A Cycling Accident
- What Is A Lawsuit For A Cycling Accident?
- What Types Of Injury Could I Claim Compensation For?
- Who Could I Sue For A Cycling Accident?
- Types Of Evidence Which Can Support An Injury Claim
- What Medical Evidence Is Needed To Make A Claim?
- Work Out How Much You Could Sue For After A Cycling Accident
- Should I Accept The First Compensation Offer?
- Do I Need A Cycling Accident Solicitor?
- How To Sue For A Cycling Accident With A No Win No Fee Solicitor
- Ask Our Team About How To Sue For Your Injury
- Get Free Cycling Accident Claims Advice
- FAQs On How To Sue For A Cycling Accident
- Cycling Accident Claim And Safety Resources
According to the Department for Transport (DfT), 4,215 cyclists were reported to be seriously injured in road accidents in Great Britain during 2020. A further 11,938 cyclists experienced slight injuries in road accidents during the same period. 141 cyclists were also killed in Britain in 2020. As you can see, road accidents impacting cyclists aren’t uncommon. However, as a cyclist, you’re owed the same duty of care as every other road user.
Cyclists are considered vulnerable road users because they lack the outer protection shell of a vehicle. Cyclists who are involved in road traffic accidents could suffer broken ribs, broken hips even a broken cheekbone. If you’ve suffered the consequences of someone breaching their duty of care towards you while cycling, you may be entitled to claim compensation.
Our guide will take a detailed look at your rights as a cyclist and what happens if a cyclist causes an accident. We’ll also talk about how suing with a solicitor on a No Win No Fee basis works and the benefits of having a solicitor help you throughout your claim.
Additionally, we’ll explore the different injuries you can claim for and potential compensation payments. We’ll also discuss the types of evidence you’ll need to build a valid claim.
Something to consider if you’re considering suing for a cycling accident is that there’s usually a time limit for starting such a claim. Generally, you have 3 years from the date of your accident. This is applied by law under the Limitation Act 1980.
If you wish to claim on behalf of someone else, then it may be possible to represent another party as a litigation friend. For more information on exceptions to the three-year time limit and how you could claim for someone else, contact our team.
A cycling accident can happen in many situations. In some situations, the cyclist involved may be fully or partially responsible for the accident. For example, if you ride at night and aren’t wearing high visibility clothing, you could put yourself at risk of another vehicle hitting you.
Other situations might include a car failing to judge the space between themselves and a cyclist when overtaking. Alternatively, a car driver reversing from a driveway may fail to check their mirrors for hazards on the pavement, such as cyclists or pedestrians.
The Department for Transport statistics from 2020 reveal common contributory factors for accidents. As you can see from the graph below, the most common was a driver or rider failing to look properly.
You might have questions along the lines of ‘what should I do if I get hit by a car on a bike’? Well, there are a few things you can do at the time of the accident. Firstly, you should seek medical advice to ensure any injuries are treated correctly.
Additionally, if possible, you should collect details of anyone involved in the road accident, including their name, registration and insurance provider.
Photographic evidence is key. Try to capture how the accident happened and also take images of any visible injuries.
To hold a valid claim for personal injury you must be able to prove that a party who owes you a duty of care was at least partially responsible for the accident in which caused your suffering. This party will have owed you a duty of care in which they breached.
Can you sue a cyclist?
If a cyclist is liable for an accident, you could still sue them. However, most cyclists don’t have insurance as it’s not required by law. Some cyclists may be covered by some type of insurance, such as their households contents insurance. For more information, call our team.
Cycling accident injuries can range in type and severity. For example, being hit from the side by a car could result in a broken hip. Or perhaps a driver opened a car door without looking, causing a cyclist to crash into it and suffer a broken back.
Whether you’ve had a serious or minor injury, you may be able to claim compensation for the pain and suffering under general damages. These cover your physical and emotional suffering as well as the impact on your quality of life.
Additionally, you could claim for any financial losses. These would be covered under special damages and could include loss of earnings, cost of care, medical expenses and any other similar losses caused by the injury.
Essentially, to be able to claim against another party it must be first established whether they owed you a duty of care. The liable party will have breached this duty through negligence.
All road users have a duty of care to do everything reasonably possible to keep others safe. The Road Traffic Act 1988 sets out rules for every road user to follow. For example, all vehicle drivers should take care to:
- Not drive or ride under the influence of alcohol and drugs
- Pay attention to speed limits and other road signs
- Ensure their vehicle is safe to drive on the road
- Have a valid license and correct insurance
As a cyclist, you also have responsibilities. For example, the Highway Code recommends wearing protective clothing and a helmet. It’s not a legal requirement to wear a helmet, but failing to wear one could lead to serious injury if an accident occurs.
Any road user who fails to follow the Road Traffic Act 1988 and requirements set out in the Highway Code could be responsible for breaching their duty of care. However, liability isn’t always straightforward. For example, the accident could have been caused by a pothole in the road, uneven paving on the pavement or faulty traffic lights. In cases such as these, liability might fall to the council responsible for that area.
Additionally, you might suffer a head injury in an accident after not wearing a helmet. Although you can still claim for compensation if you have a cycling accident while not wearing a helmet, the amount of compensation you can receive may be less than if you were wearing a helmet at the time. That’s because the defendant in your case may argue that you contributed to the severity of your own injuries. This defence is referred to as ‘contributory negligence’.
Since determining liability can be complex, it’s important to have as much evidence for your claim as possible. Evidence that can help prove an accident occurred and who is responsible for it can include:
- Witness statements
- CCTV, dashcam or traffic camera footage
- Pictures of the accident scene
Further evidence for financial losses might also be required. For example, receipts and payslips may be needed. Additionally, medical evidence is also important to proving your injuries happened in the accident. See below for more information.
Medical evidence is important to sue for a cycling accident. Some examples might include:
- Medical documents outlining your medical history
- Doctors notes for any sick days at work
- Prescription notes related to any treatments given for your cycling injuries
Furthermore, you might be invited to an Independent Medical Assessment (IMA), which cycling accident solicitors can arrange. They can then use the report from the IMA alongside the Judicial College guidelines to value your claim.
For more information on the compensation you could get, provided you have valid evidence, see below.
We understand you might be wondering what the average compensation for a cycling accident is. However, it greatly depends on the severity of the injury and financial losses. For that reason, we have created a table which includes compensation brackets based on the Judicial College guidelines. Solicitors may use these guidelines to help work out the value of claims.
The figures in the table should only be treated as estimates. They are not guaranteed payouts for the injuries covered. Furthermore, the table only shows figures for general damages. Any special damages you can claim for will be worked out separately by your solicitor.
|Injury||Severity||Average compensation amount||Comments|
|Leg||(c) (iii) Less serious||Up to £11,110||Simple fractures to tibia or fibula or soft tissue injuries|
|Arm||(d) Simple Fractures||£6,190 to £18,020||Simple fractures of the forearm|
|Arm||(b) Permanent disability||£36,770 to £56,180||Injuries resulting in permanent and substantial disablement|
|Elbow||(c) Minor/moderate||Up to £11,820||Most elbow injuries comprise simple fractures, lacerations and tennis elbow syndrome.|
|Elbow||Severe||£36,770 to £51,460||A severely disabling injury|
|Knee||(a) (i) Severe||£65,440 to £90,290||Serious knee injury where there has been disruption of the joint, the development of osteoarthritis.|
|Knee||(b) (i) Moderate||Up to £12,900||Lacerations, twisting, or bruising injuries.|
|Ankle||(d) Modest Injuries||Up to £12,900||The less serious, minor or undisplaced fractures, sprains, and ligamentous injuries.|
|Foot||(d) Severe||£39,390 to £65,710||Fractures of both heels or feet with a substantial restriction on mobility or considerable and permanent pain.|
|Foot||(g) Modest||Up to £12,900||Simple metatarsal fractures, ruptured ligaments, puncture wounds and the like.|
|Head||(A) Brain Damage|
(a) Very Severe Brain Damage
|£264,650 to £379,100||Very severe brain damage- some ability to follow basic commands, recovery of eye opening and return of sleep and waking patterns.|
|Head||(e) Minor Brain or Head Injury||£2,070 to £11,980||Minor brain or head injury- in these cases brain damage will have been minimal if any at all.|
|Head||(c) (iii) Moderate Brain Damage||£40,410 to £85,150||Moderate brain damage cases in which concentration and memory are affected, the ability to work is reduced.|
|Wrist||(b) Significant permanent disability||£22,990 to £36,770||Injury resulting in significant permanent disability, but where some useful movement remains.|
|Wrist||(e) Colles' Fracture||In the region of £6,970||An uncomplicated Colles' fracture.|
|Hip||(a) Severe||£73,580 to £122,860||Complicated pelvis fractures. Dislocated back joint.|
|Hip||(c) (ii) Lesser Injuries||Up to £3,710||Minor soft tissue injuries with complete recovery.|
If you have any questions about compensation for your cycling accident claim, contact our team for more information.
You might be wondering about bicycle accident settlement amounts in the UK. If so, it’s important to note that you aren’t obliged to accept the first compensation offer you receive.
However, if you aren’t sure when it’s best to accept an offer, cycling accident solicitors can help. They can advise on the best course of action and whether you should make a counteroffer instead. The final decision on whether an offer is accepted or declined is always yours to make.
Can you claim for a bike accident without a solicitor? Although you don’t need to have a solicitor to claim, it can be beneficial to have one.
Additionally, a solicitor can provide help and support based on their experience of handling similar cases.
If you’re concerned about the financial aspect of claiming with a solicitor, you may want to consider hiring a solicitor on a No Win No Fee basis. This means if your claim is unsuccessful, you won’t pay your solicitor’s legal fees.
If your solicitor is successful, you’ll pay a success fee. However, this is legally capped, and a small percentage is usually taken from your compensation to cover it. Most importantly, you can avoid upfront solicitor fees.
Our advisors are available to answer your questions 24/7. They can provide free legal advice and further clarification on:
- No Win No Fee agreements
- Duty of care and liability
- How a solicitor could help you
Additionally, they can accurately value your claim than a personal injury calculator. They’ll consider the severity of your injuries and whether there have been any long term effects. Once they have more information, they can give you an estimate of how much your claim is worth.
See below for how you can get in touch with us.
As well as answering your questions and providing more details on the claims process, our advisors can help if you’re ready to start your claim.
They can connect you with our panel of personal injury solicitors, who can then help you with the next steps of your claim and help you get the compensation you deserve.
Although it may seem daunting, we are here to help you understand how to claim. Contact us on the following for more help and advice:
How do I claim after a cycling accident?
Firstly you need to prove that it was not your fault but the fault of a party who owes you a duty of care.
Can I claim for a bike accident?
If the accident wasn’t your fault, then you could claim for a bike accident. However, it’s important to have the correct evidence to prove liability.
What should I do if I get hit by a car on a bike?
If a driver hits you, you should seek medical assistance to treat any injuries. Also, take down any contact details and collect evidence if it is safe to do so.
For more information on staying safe while cycling, THINK! has some good tips.
Our guide on suing for a broken nose in a road traffic accident might be helpful.
For more general information on making a personal injury claim, see our guide.
Have you suffered an injury caused by medical negligence see our hospital negligence guide above?
Accidents at work can cause severe injuries, see our guide above about claiming against your employer.
Thank you for reading our guide on how to sue for a cycling accident.