If you have been in an accident on your bike caused by another road user breaching the duty of care that they owe, you may be wondering how to claim after a cycle accident. You would need to show that you were injured as a result of the accident caused by the breach in order to claim.
A guide on how to claim after a cycle accident
In this guide, we’ll look at some ways in which a cycle accident could happen as a result of negligence. We’ll provide information on the relevant time limits, the damages that could be awarded in successful claims and the benefits of working with a No Win No Fee lawyer.
You can get in touch with us, and our advisors can provide you with free advice. If they feel like your claim is sound, they could connect you with a No Win No Fee lawyer from our panel. If this sounds like something you would be interested in finding out more about, contact us today:
- Phone: 0161 696 9685
- Live chat: Talk to us today about your claim
- Website: Contact us through our website
Select A Section
- What Is A Cycle Accident?
- How To Claim After A Cycle Accident
- What Could A Solicitor Do For You?
- How Long After A Cycle Accident Could You Claim?
- What Could You Claim After A Cycle Accident?
- Find Out How To Claim After A Cycle Accident By Contacting Us
What Is A Cycle Accident?
A cycle accident is an accident on the road involving a cyclist and at least 1 other road user. Cyclists are considered a category of vulnerable road users.
All road users owe one another a duty of care; this is set out in the Road Traffic Act 1988. Furthermore, the Highway Code contains further guidance on how road users should act on the roads. It also sets out the hierarchy of road users.
This hierarchy means that road users who are most at risk in a collision, including pedestrians, should be offered the highest level of protection by those who have the greatest potential to cause harm, such as lorry drivers. However, this doesn’t negate the need for all road users, including cyclists, to adhere to the duty of care on the road.
In order to claim for a road traffic accident, you must show that:
- You were owed a duty of care on the road
- This duty was breached; and
- You were injured as a direct result
Contact us today for further information about how to make a claim after a cycle accident. Our advisors can answer any questions that you have about the claim process.
How To Claim After A Cycle Accident
Below, we have included some examples of the steps you could take if you’re interested in making a claim after being injured in a cycle accident:
- Photograph the accident scene, including any damage to your bike
- Request the relevant details of the other party/parties involved in the accident
- Write down the contact details of any witnesses
- Request a copy of the police report, if applicable
- Get medical care and ask for copies of the records
It may be that not all of these are applicable in all circumstances; for example, if the police did not attend the accident, then there will be no police report to request.
Collecting evidence can be a daunting prospect to face alone. If you would like to see if you could work with a solicitor whose experience could help this run more smoothly than it would otherwise, speak with an advisor today.
Types Of Cycle Accident And Injuries
Below are some examples of how an accident on the road involving a cyclist could occur and the effect that they could have:
- You are cycling on a winding country road. A driver overtakes another driver, meaning that they end up on your side of the road. This causes a head-on collision in which you sustain a spinal cord injury and lacerations
- While you are in the cycle lane, a van travelling alongside you goes to turn down a side road without checking that it’s safe to do so. They collide with you, knocking you from your bike and causing you to sustain a head injury.
- You are crossing at a toucan crossing on your bike. A motorcycle travelling above the speed limit is unable to stop in time. This causes them to knock you over from your bike, and you experience a broken arm and knee injury.
If you would like to speak with someone about your own circumstances, why not get in touch with a member of our team today? If you do have a legitimate claim, they could put you in touch with a No Win No Fee solicitor from our panel.
How Long After A Cycle Accident Could You Claim?
In road traffic accident claims, there is a general three-year time. This time limit applies to your claim and is set out in the Limitation Act 1980.
The typical limit is 3 years from the date of the accident. However, there can be exceptions to this 3-year limit.
If the injured person is under the age of 18, then the time limit is suspended until they come of age. At this point, a litigation friend could launch a claim on their behalf. This is a person appointed by the court to act in the best interests of the claimant. If the injured person turns 18 and no claim has been made for them, then they have 3 years in which to begin their own claim.
If you would like to find out how long you could have left in which to begin a claim, speak with a member of our team today.
What Could You Claim After A Cycle Accident?
If you have been injured in a cycle accident caused by negligence, you might be wondering how much your settlement could potentially be worth. The settlement you’re awarded could consist of two heads of claim:
- General damages. This head relates to the pain, suffering and lost enjoyment that your injuries have resulted in. This could include physical and/or mental injuries, such as post-traumatic stress disorder and anxiety
- Special damages. This head reimburses you for reasonable financial losses your injuries have caused you to incur
The table below contains guideline compensation brackets from the 16th edition of the Judicial College Guidelines (JCG), which was last updated in 2022. The JCG covers a large range of injuries at varying levels of severity. Legal professionals, such as lawyers, can use the guidelines as an aid when valuing claims.
Compensation Brackets
| Bicycle Injury | Brackets of compensation | Description |
|---|---|---|
| Arm injury: Severe (a) | £96,160 to £130,930 | Injuries which are serious but fall just short of the need for amputation. The injured person is not in much better a position than they would have if it had been amputated. |
| Arm injury: Injuries Resulting in Permanent and Substantial Disablement (b) | £39,170 to £59,860 | Serious fracture(s) to one or both arms, leading to a disability which is permanent. The disablement could be functional or cosmetic. |
| Arm injury: Less Severe (c) | £19,200 to £39,170 | Significant disabilities in the outset will give way to a substantial recovery. |
| Leg injury: Severe (ii) | £54,830 to £87,890 | Very serious injuries that have led to mobility problems which are permanent. A person would need the aid of crutches or other walking aids for the rest of their life. |
| Pelvis and Hips: Severe (iii) | £39,170 to £52,500 | Could include injuries such as fractures where there is a likelihood that hip replacement surgery will be needed in the future. |
| Pelvis and Hips: Moderate (i) | £12,590 to £26,590 | Where the injury is significant but there's no great future risk. |
| Back injury: Moderate (ii) | £12,510 to £27,760 | Disturbed muscles, ligaments and backache. Could also include soft tissue injuries that exacerbate or accelerate a pre-existing back condition by 5 years or more. |
| Back injury: Minor (i) | £7,890 to £12,510 | Full recovery or recovery to nuisance level within 2 to 5 years. |
| Shoulder: Serious | £12,770 to £19,200 | Shoulder dislocated or where the lower part of the brachial plexus is damaged. Grip weakness and aching in the forearm may occur as a result. |
| Shoulder: Moderate | £7,890 to £12,770 | Frozen shoulder with limited movement. Symptoms don't go away for around two years. |
Special Damages
Special damages can take into account the following:
- Loss of income
- Medical and physio expenses
- Property damage
- Adaptations to a home or vehicle
You should provide evidence of your losses, such as receipts, invoices and payslips. Without proof, you might not be fully compensated for the losses you have incurred.
Contact us today to chat with someone about your circumstances. If you have a valid cycle accident claim, you could be connected with a No Win No Fee solicitor from our panel.
Find Out How To Claim After A Cycle Accident By Contacting Us
If you are wondering how to claim after a cycle accident, and you are still unsure about the process of doing so, we could help. Our advisors can help by providing free advice. They might also be able to connect you with a No Win No Fee solicitor.
When a No Win No Fee solicitor offers a Conditional Fee Agreement (CFA), this typically means:
- No fees to pay in order for them to start work on your claim
- Nothing to pay them as the claim progresses
- In the event that your claim fails, you don’t pay them for the work that they have done
- If you’re awarded compensation, a legally-capped percentage of the settlement will be deducted as a success fee.
Get in touch with a member of the team today to see if you could work with a solicitor on this basis:
- Phone: 0161 696 9685
- Website: Contact us through our website
- Live chat: Talk to us today about your claim
Helpful Guides
Further Legal Helpline guides:
- How to claim for a motorbike accident
- Hit and run compensation calculator
- Cyclist hit by car claims guide
Additionally, we’ve gathered some information from external resources that could be beneficial to you:
Contact us today if you have any further questions about how to claim after a cycle accident.
Written by JA
Edited by FS