This guide explains how to make cyclist claims against motorists. Bicycles do not have an outer shell to protect cyclists on the roads. Therefore, cyclists are more likely to be seriously injured or killed than motorists in road traffic accidents. So, cyclists are classed as vulnerable road users and require extra care on the roads.
We discuss the eligibility criteria for cyclist claims against motorists and provide examples of how a motorist could be liable for a cyclist’s injuries following a road traffic accident. Moreover, we provide examples of evidence that could prove motorist liability and the effects of your injuries.
As you move through this guide, you will see how personal injury compensation is calculated and how our panel of No Win No Fee solicitors can help you if your cyclist road traffic accident claim is valid.
Please contact Legal Helpline today to see if you are eligible to claim compensation. If we see that you can make a personal injury claim against a driver, our panel of solicitors could offer to handle your claim.
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Continue reading to learn about how to make a cyclist claim against a motorist.
Cyclist Claims Against Motorists
Select A Section
- When Can A Cyclist Claim Against A Car Driver?
- What Cyclist Accident And Injuries Could You Claim For?
- Proving Liability In Cyclist Accident Claims
- How Are Cyclist Claims Against Motorists Valued?
- Could I Make A Cyclist Accident Claim On A No Win No Fee Basis
- More Information On Cyclist Claims Against Motorists
When Can A Cyclist Claim Against A Car Driver?
A cyclist may make a personal injury claim against a motorist following a road traffic accident that the motorist is (at least partially) liable for.
Whilst on the road, all road users have a duty of care towards each other to prevent any accidents and injuries. The Road Traffic Act 1988 and The Highway Code set out rules of the road that road users should follow to fulfil their duty of care. So, if a road user does not abide by their duty of care, then a road traffic accident could result causing injuries.
Below we look at the eligibility criteria for making a personal injury claim following a road traffic accident:
- You were owed a duty of care.
- This duty of care was breached by another road user.
- You were injured as a result of this breach.
So, if you can prove the above, you may be able to make a cyclist claim. If you as the cyclist were taking risks and behaving irresponsibly on the road, the claim may not be eligible. If you are unsure whether or not you can claim compensation for a cyclist accident, don’t hesitate to get in touch with us today. An advisor can assess your case, and if you have a valid claim, we can appoint a No Win No Fee cyclist accident solicitor from our panel to work on your case.
What Cyclist Accident And Injuries Could You Claim For?
A cyclist accident with a motorist happens when a bicycle and a car or another motor vehicle collide. The accident could happen because of several reasons such as:
- A driver fails to check their mirrors when turning left and hits the cyclist.
- The driver doesn’t make the correct observations at a junction and hits a cyclist when they pull out.
- A driver doesn’t check their rear-view mirror and hits a cyclist reversing out of a driveway.
- The driver fails to check the road when getting out of their car, hitting a cyclist with their car door. This is known as a dooring accident.
- An intoxicated driver under the influence of alcohol or drugs drives on the wrong side of the road and causes a head-on collision with a cyclist.
- Or a cyclist could be at fault if they are not paying due care and attention on the road.
Claimants can make cyclist claims against motorists for all sorts of injuries. A cyclist may suffer a spinal cord injury affecting their neck or back, leading to lifelong paralysis. Moreover, a cyclist could suffer a traumatic brain injury, causing long-term mental impairment. Therefore Rule 59 of The Highway Code recommends that cyclists always wear a helmet. Cyclists can also suffer broken or fractured bones or other crush injuries if the vehicle runs over them.
To make cyclist claims against motorists, claimants must provide evidence proving the driver to be partly or fully at fault for the accident occurring. If you wish to learn more about how you can prove what caused your injury, please continue reading the next section of this guide. Alternatively, get in touch with us today for assistance and advice on any step of the personal injury claims process.
Proving Liability In Cyclist Accident Claims
As well as proving liability in cyclist claims against motorists, you must also prove what injuries you have suffered from your cyclist accident.
Here are some things you can collect to prove the above:
- Dash-cam or CCTV footage of the accident happening.
- Medical records
- Contact information from any eyewitnesses.
- A diary that records your symptoms since the accident.
- Details of the other vehicle(s) involved and driver, for example, their insurance details.
- Photographs of the scene and your injuries if they are visible.
As part of the service they provide to claimants solicitors on our panel gather relevant evidence needed to support the claim. Contact us today.
How Are Cyclist Claims Against Motorists Valued?
Successful cyclist claims against motorists can receive settlements that consist of up to two heads of claim.
Firstly, claimants will always receive a general damages payout. This is compensation for any physical and psychological injuries the accident has caused. Some factors considered are the severity of your physical pain, your recovery, and any mental health conditions you have suffered such as anxiety.
The Judicial College Guidelines (JCG) and your independent medical assessment are documents that help solicitors when they are determining your general damages payout. Based on past successful personal injury court cases in England and Wales, the JCG contains varying injuries and guideline compensation brackets for them.
Injuries Table
Our compensation table below uses the guideline brackets from the JCG. Since every case is different, these figures can only be used as a guide.
| Injury | Severity | Guideline compensation bracket | Comments |
|---|---|---|---|
| Paralysis | Tetraplegia (a) | £324,600 to £403,990 | Awards in the middle of this bracket include where there is no physical pain and senses are retained. |
| Paraplegia (b) | £219,070 to £284,260 | Awards will be decided on factors such as whether sexual function is impacted and life expectancy. | |
| Brain damage | Very severe (a) | £282,010 to £403,990 | Minimally conscious state where there is only some ability to follow basic instructions. |
| Moderately severe (b) | £219,070 to £282,010 | Disabilities may be physical, for example, limb paralysis, or cognitive. | |
| Less severe (d) | £15,320 to £43,060 | There is a good recovery but problems such as poor concentration will persist. | |
| Leg | Severe Leg Injuries (b) (i) | £96,250 to £135,920 | Most severe injuries short of amputation for example, serious degloving injury. |
| Severe Leg Injuries (iv) | £27,760 to £39,200 | Severe crushing injuries. | |
| Back | Severe (a) (i) | £91,090 to £160,980 | Incomplete paralysis with severe pain. |
| Severe (a) (ii) | £74,160 to £88,430 | Nerve-root damage with impaired mobility. | |
| Moderate (b) (i) | £27,760 to £38,780 | A compression fracture of lumbar vertebrae with constant discomfort. |
Special Damages Compensation
Secondly, claimants will sometimes receive a special damages payout. This is compensation for any past and future expenses the injury has caused. For example your loss of earnings, medical costs, and travel costs.
But you must prove all of your injury’s expenses. So, keep hold of any receipts, invoices, payslips, bank statements, etc., to prove your special damages.
You can learn more about how compensation is calculated and determined in cyclist claims against motorists by contacting us.
Could I Make A Cyclist Accident Claim On A No Win No Fee Basis?
Legal Helpline can assess any cyclist claims against motorists for free. Please call us to speak with an advisor who can answer any questions about claiming compensation. Moreover, if we can see that you have legitimate grounds to claim compensation, a No Win No Fee solicitor from our panel will be assigned to work on your case should you want legal representation.
All the solicitors on our panel offer their service via a No Win No Fee contract known as a Conditional Fee Agreement CFA. The CFA means that you agree to pay a success fee only on the condition that the claim is successful. There are no upfront payments or fees throughout the claims process.
If the personal injury claim is successful, then the solicitor working under a CFA takes a percentage as a success fee. The Conditional Fee Agreements Order 2013 places a legal cap on what percentage can be taken
Please read our No Win No Fee claims guide to learn more.
Contact us today:
- Call 0161 696 9685 to speak with an advisor
- Request a callback
- Or use the Live Support widget to ask us a question
More Information On Cyclist Claims Against Motorists
The following resources may be helpful if you wish to claim compensation for an injury following a road traffic accident.
Our internal guides:
Learn about bus accident claims – how much compensation you can claim.
Find out how long after a car accident can you claim compensation.
If an untraced or uninsured driver hits you, find out how we could help you claim through the Motor Insurers’ Bureau.
External resources:
NHS – Head injury and concussion.
The Highway Code: 8 changes you need to know from 29 January 2022
We appreciate you taking the time to read our guide on making cyclist claims against motorists. We hope we have helped you acquire the information you were looking for.