I Was Hit By A Car Pulling Out Of A Driveway, Could I Make A Cycling Accident Claim?
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. 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?
- What Rights Do I Have As A Cyclist Struck By An Emerging Vehicle?
- How Could This Type Of Accident Be Avoided?
- What Injuries Could I Sustain If Hit By An Emerging Car When Cycling?
- Calculating Compensation As A Cyclist Hit By A Car Pulling Out Of A Driveway
- Special Damages You May Claim For
- What Steps Could I Take If Hit By A Car Pulling Out Of A Driveway?
- Why Claim Compensation As A Cyclist Hit By A Car Reversing From A Driveway With Us?
- No Win No Fee Claims Against A Car Reversing From A Driveway
- Contact Legal Helpline
- 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.
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.
As the victim of a cycling accident, you have the right to claim compensation against the negligent third-party. Cyclists almost always have the right of way on the road. In essence, providing you follow the Highway Code correctly, the likelihood you as a cyclist will be at fault is slim.
In spite of this, it is important to take crucial steps following a cycling accident to help strengthen your potential claim. This includes contacting the police to report the accident. This will ensure that an official record of the accident is made and, if necessary, witness statements can be taken too. In addition to this, you as a victim should also retain the bicycle no matter how severe the damage as evidence of the 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.
No two personal injury claims are the same and therefore the amount of compensation awarded may differ between cases. In the table below, you will find examples of settlement amounts depending on the severity of the injury. These are taken from Judicial College Guidelines, a legal publication which reviews compensation awards made in the courts for different injuries and provides valuation guides. While you may find these helpful in providing a rough idea of the level of compensation you could claim, you could receive a more precise estimate if you spoke to one o four advisors.
Injury Severity Amount Information
Neck Injury Severe £61,710 to £122,860 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 £12,900 to £23,460 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 £2,300 to £4,080 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 £69,600 to £82,980 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 £11,730 to £26,050 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 £90,250 to £122,860 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 £36,770 to £56,180 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 £18,020 to £36,770 Despite the injured person suffering significant disabilities, recovery will be made to some degree or is likely to occur in the future.
A compensation package is made up of general damages, which compensate you for the pain, suffering and loss of amenity experienced as a result of the injury (covered in the table above), and something else known as special damages. The purpose of special damages is to compensate you for any financial losses or expenses that you have incurred, or may incur in the future, because of the injury. Some examples include:
- Medical fees
- Travel expenses
- Accidental damage to property
- Loss of earnings
- Loss of future earnings
- The cost of care
- Other items directly resulting from an accident/injury
It’s vitally important that you keep all receipts and invoices, even bus tickets. Without evidence, it will be difficult to recover the money.
You may be curious about what to do if you are a cyclist hit by a car. Provided you are well and not in need of immediate medical care, it is important to gather as much evidence as possible to support your claim and protect yourself legally. You should try to gather the following:
- Photographs: Take as many photos as possible of the scene, vehicles involved, and your injuries too.
- Contact Details: Try to obtain contact details with the driver and any witnesses.
- Medical Treatment: Regardless of how minor your injuries may seem, it is vital that you seek medical attention. Even if your symptoms are delayed, you should still seek medical treatment as soon as they arise.
- Legal Advice: If you are a cyclist, hit by a car, and you believe another party was to blame, seek advice from a legal representative about how you should pursue a claim for compensation.
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.
Our solicitors can give you the option of entering into a No Win, No Fee Agreement, also known as a Conditional Fee Agreement (CFA). The CFA is designed to give you financial protection and the confidence to pursue justice. You will not have to pay any fees upfront, nor will you be asked to pay any fees during your claim. And should your case be unsuccessful, you will not have to pay any of the fees your solicitor has incurred in pursuing your case.
If, however, your claim is successful, your solicitor may seek a small contribution towards their costs. This is known as a ‘success fee’, and would be deducted from the compensation awarded at the end of the claim. Don’t’ worry, the success fee is legally capped.
Your claim is only a few short steps away. To discuss your unique circumstances with an expert adviser, you can:
- Call us on 0161 696 9685.
- Begin your claim online.
- Fill out a callback form and we’ll contact you at a time that best suits you.
It’s only natural to feel curious about how much you could receive from a successful cycling accident claim. Our team of experts will assess your unique circumstances under a free, no-obligation consultation and provide you with a potential settlement amount that may be more specific than an estimate from an online personal injury claims calculator.
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.
What’s legal and illegal on your bike? Find out in this guide.
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