Injured While Cycling – Can You Claim?

Cyclists are classified as "vulnerable road users" and cycling accidents can cause serious and life changing injuries with lasting consequences. If you have been injured in a bicycle accident, you may be entitled to compensation, or to claim on behalf of a loved one who was injured in a fatal accident.

What rights do you have as a cyclist?

Cyclists are afforded significant protection under the current law regulating the rights and responsibilities of road users which means if a pedestrian or cyclist is involved in an accident, they may have the right to seek compensation for their injuries and losses. It is worth noting that the accident does not necessarily need to include another vehicle and could fall to those responsible for the maintenance of the road/footpath, if the accident is due to defective infrastructure. It is important to note that even if you were injured in a "hit and run" or by a vehicle with no insurance, there is still the possibility to claim for your injuries.

You have been involved in an accident, what should you do?

In the immediate aftermath of an accident, your first priority must be for your own safety, and anyone you were cycling with. If it is possible to do so then please move to a place of safety, check for injuries and call the emergency services if anyone has sustained injury. Once the immediate concerns for your own safety have been addressed, it is important to gather as much information (evidence) as possible including the details of any vehicles involved, any details of witnesses who saw the accident, and take photographs of the scene and injuries. These bits of information will prove vital when lodging a claim with a Defendant.

You're thinking about making a claim, how long do you have?

Under the Limitation Act 1980, you will usually need to make the claim within three years of your bicycle accident, unless you are claiming on behalf of a child (as their litigation friend) or on behalf of a loved one who lacks the mental capacity to claim themselves. In these circumstances:

1. You have any time until the child's 18th birthday to make the claim, after which they will have three years from the date of their 18th birthday to make the claim.
2. If you are claiming on behalf of someone who lacks the mental capacity for legal proceedings, then there is no time limit in place (as long as they lacked the mental capacity at the time of the accident, or within three years of the accident).
3. If you are claiming on behalf of the Estate of a loved one who has passed away as a result of the accident, you have three years from the date of death to make the claim.

How much can you claim for your accident?

There is no prescribed amount due to cyclists who have been injured in an accident, and there is therefore no definite figure we can provide. The compensation that you receive if your claim is successful takes into account a multitude of factors including the seriousness of any injuries, and the financial implications of the accident on your life. When we calculate how much compensation we think your claim is worth, we take into account:

1. Your injuries sustained, the severity of the injuries, and their impact on your day to day life.
2. The cost of any medical treatment which has been needed, or treatment that will be needed in the future.
3. Damage to the bicycle itself and any other equipment such as your helmet, clothing, personal possessions.
4. Costs involved in making any adaptations to your home if required as a result of your accident.
5. Any income that you have already lost, or will go on to lose in the future.

If you have been injured in a cycling accident, is there any possibility of physiotherapy?

If you have been injured and require physiotherapy to aid your recovery, then we can negotiate this with the Defendants. If you have sustained serious injury, such as spinal or brain injuries, then we can organise for a rehabilitation case manager to meet with you and produce a list of recommended treatments to aid with your recovery process. This can then be facilitated through the Defendants.

You have been injured in an accident but do not have the funds for legal fees, can you claim on a no win no fee basis?

More often than not, we handle cycling accident claims on a no win no fee basis –  technically known as "Conditional Fee Agreements". If your claim is successful, the Defendant will pay most of your legal costs, with the rest being deducted from any compensation as our "success fee". If you don't win any compensation, then there is no legal fee payable under this agreement. The specific details over this funding arrangement will be discussed in any initial consultation with our team of personal injury lawyers.

Sills & Betteridge LLP are a large firm with 18 offices across Lincolnshire, Yorkshire and the East Midlands. We have dedicated personal injury lawyers across the region who meet clients at an office close to their home, at home or in hospital. If you would like to discuss the prospect of making a claim for a cycling accident, please get in touch by calling 0800 542 4215 or emailing info@sillslegal.co.uk