More people than ever are embracing the benefits and pleasures of cycling, for getting to work or leisure. However, alongside this, it’s not surprising that the number of serious cycling accidents in the UK has also risen significantly.
Cyclists are classed as vulnerable road user, which gives them protection under a range of safety rules and regulations that exist to reduce the risk of cycling injuries. Although it is difficult to completely eliminate the risk of a cycle accident, there are some steps that cyclists can take to prepare for if an accident occurs.
This article, written by Consultant Personal Injury Solicitor Handan Demir, explores cycling accidents, how to reduce your chance of being involved in one, and the steps you can take if you are – including legal action for a personal injury claim.
What is a cycling accident?
A cycling accident occurs when a cyclist is hit, knocked down, or injured by another road user on a public road. This can include collisions with motor vehicles, other cyclists, pedestrians, or simply as a result of bad road conditions.
Planning ahead in case of an accident
Save key contact numbers in your phone
It is important to save key contact details on your mobile phone. That includes home numbers, the non-emergency number for local police, and an emergency contact number. It is a good idea to carry your phone when cycling. And, it is best to plan ahead if you will be using an unfamiliar route.
Use of a helmet camera
Helmet cameras for cyclists have become a very important part of their safety equipment, particularly for those cycling to and from work in busy city streets. In many cases, helmet camera footage can help prove how an accident happened, and can be the difference between winning or losing a case. On a side note, recording footage in public places with a helmet camera is legal, so don’t be worried about using these on a daily basis.
Ensure you plan your route
It is important to know your route because, in the event that you are involved in an accident, you can explain your whereabouts to the emergency services.
Insurance for cyclists
There are no mandatory requirements to have insurance as a cyclist in the UK. However, it is wise to consider having accident cover and third-party liability cover. In some cases, if you have household insurance or a bank account, these may offer benefits providing adequate cover for cyclists. If these are not covered by existing insurance, you can arrange a policy via a cycling organisation or directly with an insurance company.
Common causes of cycling accidents
Common causes of cycling accidents include:
- Motorist not seeing cyclists.
- Poor road conditions, potholes etc.
- Cyclists not following traffic rules.
- Distracted driving.
- Opening car doors into the path of a cyclist.
Accidents with a motorist
If a vehicle was involved in the accident, you must ensure you take photos of the vehicle and its location. You must ensure you take pictures of any damage to the vehicle caused by the collision. You must also note the make, model, and colour of the vehicle involved. This is because insurers rely on detailed pictures and sketches of the scene of the accident to determine prospects of liability.
The second important action to take is obtaining the driver’s details. If you are hurt or your bike is damaged, you should ask for the driver’s name and address, registration plate, and details of their insurance company. The driver of the vehicle will also request your details to pass onto their insurers. One important point to note is to check that the driver is the registered keeper of the vehicle, and if they are not, ask for the owner’s name and address.
In some instances, a car driver can hit and injure a cyclist and fail to stop at the scene. In such circumstances, you must notify the police whether or not you’re injured. Even if the driver cannot be traced, you can still make a compensation claim. The claim will be to the Motor Insurance Bureau (MIB), as it can’t be made against the driver, who may be uninsured or untraceable.
A key point following an accident is never to offer or accept responsibility for the accident. If the issue of fault is raised at the scene, ensure you avoid any discussions on the matter about liability. You should always leave this point to be investigated by your legal representatives, as they can make a proper assessment of the accident with evidence.
Accidents from potholes or other defective road conditions
If you suffer an accident due to a pothole or other poor road conditions, ensure you take a photo of the defect in the road. It is a good idea to place an item to help measure the size and depth of the pothole. These photos will be evidence – just in case the area gets repaired the next day. Ideally, you should measure the defect with a tape measure as soon as you can to better indicate its depth and width.
What should you do after a cycling accident?
- Ensure you move to a safe location and call 999 for the emergency services.
- Even if your injuries seem minor, seek medical attention. You can either attend the GP, hospital, or in some cases, both. Shock and a rush of adrenaline can have a big impact on the body, masking the pain of injury, so make sure you get examined by a doctor.
- Report the accident to the police and get the police reference number.
- You must gather evidence at scene. Get photos, witness details, and exchange information with other parties involved.
- Contact a solicitor for legal advice to discuss whether you may have a claim.
What can you include in a claim for a cycling accident?
You can claim compensation for your injuries if you were injured due to someone else’s negligence. The heads of claim that you can potentially recover are medical expenses, lost wages, and other related expenses.
What about my bicycle?
Priority should always be given to getting proper medical treatment. However, we know how important your bike is to you. Following an accident, you should move your bicycle onto the pavement to avoid the risk of further damage, if you are able to. Bicycles can be expensive, potentially costing you thousands of pounds. So, once a claim is made you will have the option of getting this repaired, replaced, or simply be compensated if you can provide evidential proof in the form of a purchase receipt, invoice of repairs, or expert report.
What is the time limit for making a claim for a cycling accident?
It is important to make a claim to court within 3 years of the accident. If you were under 18 years old when the accident happened, you have until you turn 21 years of age to make a claim.
In exceptional cases, the courts can extend these time limits. For example, if you are over 18 but do not have the mental capacity to give instructions, then you can make a claim after your 21st birthday. Nonetheless, whatever the time limit may be, the sooner you instruct us to proceed with your case, the sooner we can obtain the evidence to prove your case and achieve the best result.
Can I still claim if I wasn’t wearing a helmet?
Yes, while wearing a helmet while cycling is strongly advised for safety, it is not a legal requirement for adults in the UK. Not wearing a helmet does not automatically void your claim. However, not wearing a helmet will affect the amount of compensation you can get, if it is believed that wearing one could have reduced your injuries.
Can I still claim if I was partially at fault for the accident?
You can still make a claim even if you were partially at fault for the cycling accident. The compensation may be reduced based on the extent of your contribution to the accident.
Seeking legal advice following a cycling accident
Once you have recovered from the initial shock of your accident, the next most important step is to seek legal advice. The usual steps involved in making a claim are:
- Notification to the driver of the accident will be made and a letter to the police requesting copy of the accident report will be sent.
- The claim will be prepared by your solicitor and submitted to the third-party insurers.
- Upon medical evidence being finalised and the driver admitting liability, the claim is ready to settle. Depending on the complexity of the case, it can take some time to resolve, but we can clarify these time frames with you.
- In the event that the driver does not admit liability, or the insurer undervalues your case, we can issue proceedings at court to encourage a desired settlement.
What you can expect with Setfords
Ultimate flexibility: Our lawyers can tailor their schedules to meet your needs.
Nationwide coverage: with hundreds of consultant lawyers across the UK, we’ll connect you with the right expert.
Dedicated specialist legal partner: work directly with your chosen lawyer from start to finish.
Highly experienced: Setfords lawyers have an average of 20 years’ experience, so you can be assured you’re in safe hands.
Capacity-based allocation: our lawyers never take on more work than they can handle, so you get the focus and attention you deserve.
If you wish to get legal advice and make a claim as a cyclist injured in a cycling accident, please contact Handan Demir, Consultant Personal Injury Solicitor, for a free consultation.
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