By Jo Martinez. Last Updated 14th June 2023. If you were a cyclist hit by a car pulling out of a drive, then you could be entitled to compensation for your suffering. Drivers have a duty of care towards other road users, including pedestrians, motorcyclists and cyclists.
I Was Hit By A Car Pulling Out Of A Driveway, Could I Make A Cycling Accident Claim?
While some road users, fortunately, escape accidents unscathed, cyclists are more vulnerable to suffering substantial injuries. In this guide, we will look at how road traffic accidents occur, what to do as a cyclist if you’ve been hit by a car, and how a specialist solicitor could help you pursue a personal injury claim.
If a third party was to blame for your suffering following a road traffic accident, contact us today. You could find out within minutes if our expert team can represent you under a free, no-obligation consultation. Call us today to discuss your claim on 0161 696 9685.
Jump To A Section
- A Guide On Injury Claims As A Cyclist Hit By A Car Pulling Out Of A Driveway
- What Type Of Cycling And Motoring Accidents Does This Guide Look At?
- Who Could Be At Fault If A Cyclist Is Hit By An Emerging Vehicle?
- Cyclist Hit By A Car – What Are My Rights?
- How Could This Type Of Accident Be Avoided?
- What Injuries Could I Sustain If Hit By An Emerging Car When Cycling?
- Cycling Accident Compensation – Cycling Accident Claims
- Bicycle Accident Claim Tips
- Why Claim Compensation As A Cyclist Hit By A Car Reversing From A Driveway With Us?
- No Win No Fee Legal Help If You’re A Cyclist Hit By A Car
- Supporting Information
Sharing the road with a range of vehicles and with nothing to protect from traffic collisions, cyclists are more vulnerable than other road users. There are several ways that a cyclist could suffer harm on the roads, many of which this guide will discuss below. However, one of the most common accidents is a cyclist being hit by a car pulling out of a drive, especially if there are blind spots or the vehicle is reversing.
The Highway Code states a driver should take care while entering a road from a junction, driveway or another form of turning and give way to the flow of traffic. Therefore, if a driver fails to uphold this duty of care and another road user suffers an injury, then they could be held liable.
This guide will provide you with impartial advice about how to pursue a claim and seek to answer a variety of questions you may have, such as:
- “I was a cyclist hit by a car pulling out of a drive, can I make a claim?”
- “Who is at fault backing out of a driveway?”
- “If a car reversed into me, who’s at fault?
- “Can a driver claim against a cyclist?”
- “What happens if a cyclist hits my car?”
- “How dangerous is a road bike?”
- “Can you claim off a cyclist?”
- “Can a cyclist claim against a car?”
- “What happens if you hit a person on a bike?”
Call us today to discuss your case with an expert adviser. If you have legitimate grounds to make a claim, we will provide you with a knowledgeable personal injury solicitor who could begin working on your case that very same day.
Click Here To Learn More About Cycling Accident Claims
Although this guide will briefly touch upon a number of common cycling and car-related accidents, the main focus will be on a car pulling out of a driveway. Anyone behind the wheel of a vehicle must operate with care and diligence at all times to minimise the risk of accidents occurring. This is a legal requirement under UK law and is especially vital for a driver who is pulling out of or reversing from a driveway. If the driver is negligent in their actions, it could result in a variety of traumatic events, such as cyclists colliding with vehicles, swerving to avoid a collision or falling off the bike entirely.
According to the Department for Transport (DfT), 17,550 cyclists were hurt in one way or another in 2018. Of these people, 3,707 were seriously injured.99 cyclists died on Britain’s roads that year.
As a result of a road traffic accident, the victim could incur a number of injuries, all of which range in severity. Sometimes the cyclist may be left with cuts and bruises. Others may be left with more severe repercussions, such as facial injuries, fractures and even concussion.
If you were hit by a car pulling out of a drive and suffered an injury as a result, then a personal injury lawyer from our panel could help you claim compensation, no matter how minor the injury.
It’s important to note that a claim must be made within the personal injury claims time limit. This time limit is 3-years from the date of the accident. It’s therefore important to seek legal advice as soon as possible. If the injured party is a child under the age of 18 then a parent or guardian could pursue a claim on their behalf. If no claim is made, the child then has until their 21st birthday to make a claim.
You may be wondering “A van reversed into me, am I to blame?” or “If a car reversed into me, but I wasn’t looking, is it my fault?” Under the Road Traffic Act 1988, the operator of a vehicle must take “due care and attention” while driving on any road or within any public place. Even when pulling out of a driveway, this duty of care must be upheld. A driver can do this by checking all of their mirrors, and their blind sports over their shoulders. Therefore, in these types of accidents. liability is allocated to the driver because generally if they’d have taken such measures, they would have avoided the cyclist.
As cyclists are more likely to suffer injury from an accident, all drivers are held to a higher standard. In rare circumstances, it is possible for cyclists to be held liable following an accident such as ignoring traffic signals, failing to yield or cycling on the wrong side of the road.
If a driver fails to check an area and reverses into a motorbike or a cyclist, for example, then the driver could be held liable if the victim sustains an injury.
Road users have a duty of care to behave in a way that reduces the risk of harm to other road users. This includes following the guidance in The Highway Code. A breach of this duty that causes harm is known as negligence, and if a motorist injures you in an act of negligence, you could have the right to make a compensation claim.
If you were a cyclist hit by a car and injured because the driver of the car reversed into you when you had the right of way, you could have the right to make a claim.
While our guide focuses primarily on cyclists, this right is also afforded to motorists. If you as a driver were reversing and a car hit you when you had the right of way, you could potentially make a claim against them.
Please reach out to one of our advisers if you would like to learn more about your rights on the road following an accident.
Unfortunately, it is seemingly impossible to completely avoid these types of accidents, or any road traffic accident for that matter. However, there are some simple steps both you and other road users can take to help reduce the risk of cycling accidents.
- Make Eye Contact: One of the most effective ways to avoid an accident is to help the driver see you. Without compromising your safety, try to make yourself visible or catch eye contact with the driver as they wait to pull away from a side street, junction or driveway. This will help the driver notice you and ensure they are looking at you rather than past you. You could also wave your hand, ring your bike bell or even shout if you feel at risk.
- Slow Down: Even if you are paying attention to the road, you cannot guarantee that everyone else is. Therefore, if you feel that another road user is distracted, you could slow down to avoid a collision. This will make it easier for you to manoeuvre yourself away from an oncoming vehicle or may help to catch their attention.
- Use High Visibility/Reflective Equipment: It is your legal requirement as a cyclist to at least use a front headlight on your bicycle. This is to help guide you along roads and make yourself visible to other motorists.
A bike-related injury is particularly common among traffic incidents. Generally speaking, fatalities among pedal cyclists accounted for 6% of fatalities on the road in 2018, according to the Department for Transport. While many severe injuries will result from collisions with other vehicles, some injuries can also occur from falling off the bike itself.
A lot of injuries will range in severity. For example, some victims of cycling accidents may come away from the incident with a minor laceration, strain or sprain. For some, however, these injuries may be more severe, and could include:
- Head injuries
- Blunt force trauma
- Facial fractures
- Eye injuries
- Back injuries
- Arm fractures
- Broken legs
This list is only a handful of examples as to how a cyclist could suffer. In the table below, you will find additional detail regarding these injuries along with how much a cyclist hit by a car could receive in compensation.
There are two types of compensation that you could seek in an accident claim. These include:
- Compensation for your pain and suffering, in general damages
- Compensation for any financial losses caused by your accident and injury, under special damages
If you were successful, your award would be calculated according to your specific circumstances. It would likely be determined by the supporting evidence you could provide of how your injuries had affected you.
For this reason, we cannot provide you with an exact compensation valuation for your claim. We can, however, show you examples of compensation brackets for certain injuries.
The injuries in our table below are injuries that could potentially feature in cycling accident claims – and the compensation amounts are based on past court claims. The Judicial College Guidelines, the source of the figures, is used by legal professionals to help value claims.
|Neck Injury||Severe||£65,740 to £130,930||A severe neck injury associated with this bracket will give rise to disabilities, damage to discs in the cervical spine and generally involve serious fractures. Furthermore, the injured person may experience permanent damage to the brachial plexus, loss of function in the limb(s) or a substantial loss of movement in the neck.|
|Neck Injury||Moderate||£13,740 to £24,990||These cases will involve disc lesion, wrenching-type-injury or soft tissue, which will lead to more severe injuries. For example, this could include cervical spondylosis, limitation to mobility, or permanent/recurring pain. In addition to this, injuries which may accelerate and/or exacerbate a pre-existing condition (usually over five or more years) will also qualify.|
|Neck Injury||Minor||£2,450 to £4,350||A full recovery from a minor neck injury may take place anywhere between 3 months and one year. This bracket may also apply to very short-term acceleration and/or exacerbation injuries which typically take less than one year to recover from.|
|Back Injury||Severe||£74,160 to £88,430||If a case includes special features outside of typical lower bracket orthopaedic injuries to the back. For instance, this could be seen as nerve root damage, loss of sensation or impaired function of the bladder, bowel and sexual ability.|
|Back Injury||Moderate||£12,510 to £27,760||Many injuries frequently associated with disturbances of muscles and ligaments are included within this bracket. These injuries will give rise to backache, prolonged acceleration, prolapsed discs and other such repeated relapses which usually take over five years to heal.|
|Arm Injury||Severe||£96,160 to £130,930||Those that fall short of amputation but are so severe that the well-being of the person is no better off with the arm. For example, a severe brachial plexus injury.|
|Arm Injury||Permanent/Substantial Disablement||£39,170 to £59,860||One or both forearms will suffer serious fractures and result in a significant disability which is both permanent and residual. This could be either functional or cosmetic.|
|Arm Injury||Less Severe||£19,200 to £39,170||Despite the injured person suffering significant disabilities, recovery will be made to some degree or is likely to occur in the future.|
Special Damages You May Claim For
You could potentially be eligible to claim special damages for both losses you have already suffered, and losses you may expect to suffer until your injury heals.
As examples, you could request compensation for:
- Your affected income, if you are left unable to work
- Your treatment or care costs
- Items that were damaged in your accident
You can reach out to our advisers for free information on how to start a claim as a cyclist following an accident, or the compensation you could seek for your injuries.
In this section, we discuss bicycle accident claim tips. If you’ve been injured in a cycling accident, you may need to first seek medical attention. A medical report could also be used as key evidence for your personal injury claim.
Ahead of making your cycle accident claim, you should consider gathering the following evidence:
- Dash cam or CCTV footage: Not only could such footage prove that an accident occurred, but it can also determine who was liable.
- Witness contact details: Obtain the name and phone number of any witnesses to the accident and your solicitor can get in touch with them for you.
- Photographs: Take pictures of your injuries and the accident scene.
- Medical evidence: A diagnosis from a medical professional can prove the extent of your injuries. Consider obtaining a doctor’s report too, if possible.
- Proof of financial loss: Retain any evidence of financial harm caused by your injuries. For example, you could prove a loss of earnings using pay slips or invoices.
We would also advise that you get legal advice. A solicitor can help you cover all bases of a claim and prepare evidence. Speak to our advisors for free legal advice and they could connect you with a road traffic accident solicitor from our panel. Furthermore, they can answer any questions about car hitting cyclists claims and what steps you can take.
Our panel of expert personal injury lawyers has over thirty years’ experience in recovering compensation for victims of third-party negligence. We understand the stress and trauma of being involved in an accident, which is why every one of our clients is treated with compassion and respect. We strive to make the process as smooth and stress-free as possible, and you can rest assured in the knowledge that your solicitor is working hard to secure the maximum amount of compensation possible. If at any time you have a query or would like an update on your case, there’ll be on hand to help.
What’s more, we offer free, no-obligation consultations to all our potential clients to help give you a better understanding of where you stand legally and what steps you should take next. All of our advice is impartial and given with your best interests in mind.
If you have been a cyclist hit by a car, and are eligible to make a personal injury claim, you may want to seek out the help of a solicitor who has experience with this type of claim. If you contact our advisors, they may put you in contact with one of the solicitors on our panel. They could help you with gathering evidence and ensuring your case is started within the correct time limit.
Furthermore, they may offer to represent you on a No Win No Fee basis with a Conditional Fee Agreement (CFA). Under this arrangement, you will not be expected to pay your solicitor any upfront or ongoing service fees. You also won’t be obligated to pay them a service fee if the claim fails.
Alternatively, you will pay them a success fee if they succeed with your claim. This fee is deducted from the compensation awarded to you, and the percentage that can be taken as one is legally capped.
Contact our advisors today if you have any questions about making a personal injury claim as a cyclist hit by a car and the compensation you may be eligible to receive. Our team is available 24/7 to help answer your questions and offer free advice.
Contact an advisor today:
For additional information regarding the highway code, rules for cyclists and other types of accident claims, please consider the resources below.
How to safely use the road according to Government legislation.
Information from the Government website about how cyclists should use road junctions, roundabouts and cross the road.
How victims of a broken pelvis injury could receive maximum compensation for their suffering.
If you have been involved in a motorcycle accident claim, read this guide to find out how you could receive compensation.
You could receive compensation for a car accident suffered at a roundabout.
Guide by HS
Edited by REG