Welcome to our guide to claiming cycle accident compensation, which discusses bicycle accident claim payouts and the average compensation for being knocked off a bike.Bike accident claims have the potential to be complex.
After suffering an injury while out cycling on your bicycle, the last thing you want is to go out gathering evidence and negotiating with the defendant while making a bike accident claim for compensation. But you can get help and support with cycle accident claims.
In this cycle accident compensation guide, we share bicycle accident claim tips you may find useful, as well as the latest bicycle accident claims payouts guidelines.
Could I Make A Bicycle Crash Claim?
If you have been involved in a cycling accident cases that was not your fault, pursuing compensation could be a suitable course of action. Why should you have to suffer due to someone else’s negligence or carelessness? Throughout this guide, we are going to discuss cycling accident claims in greater length. Outlining steps to take, factors to consider, and more importantly, how a personal injury solicitor could be of assistance in ensuring you receive compensation for your injuries.
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- Call us:0800 073 8801.
- Email us: send us an email to email@example.com to begin your claim today.
- Online Chat: Click the icon on the right corner of the page to speak with an adviser.
Unfortunately, many different types of injuries could be caused due to a cycling accident. In some cases, a cycling road traffic accident could be a blameless turn of events. However, if you happen to be involved in an accident involving a bicycle due to another’s fault, you could have grounds to seek compensation. You may also have grounds to claim if someone you love has suffered a fatal accident.
How this guide could help
Within the guide, you will find all of the details you need regarding claiming, including plenty of direction in making bicycle accident claims, as well as further information on specific accidents, such as securing knocked off bike by car compensation. Throughout this guide, we aim to answer the following questions:
- What is a personal injury claim?
- How can a personal injury solicitor help me?
- Can you give me any bicycle accident claim tips?
- Could a solicitor offer to handle my cycling accident claim?
- I am having issues finding affordable representation. Are there funding options available?
- What is a No Win No Fee agreement?
- Should I begin my case within a specific timeframe?
By the time you have read this guide, you will have the answers to the questions listed above, plus many others. In the meantime, If you have any further queries regarding cycle accident claims, please do not hesitate to get in touch. Our cycle accident solicitors are here to help.
Time Limits For Cycling Accident Claims
If you are pursuing cycle accident compensation, it’s important that you start your claim during the limitation period.
The Limitation Act 1980 outlines that within three years of your cycling accident, a compensation claim should generally be brought forward. However, the time limit may be suspended under specific circumstances. For example, if a minor is injured in a bike accident, the three-year time limit is suspended until their 18th birthday.
Another example of when the time limit is suspended regards a person who does not have the mental capacity to begin their own claim. In this situation, the limitation period is suspended indefinitely unless the claimant ever regains the mental capacity required to make a claim.
Where the time limit is suspended for minors and claimants who lack the required mental capacity, a litigation friend can claim on their behalf. Anyone can be appointed a litigation friend, including parents, guardians or relatives, but they must be capable of making fair and competent decisions about the case.
For any other questions regarding the time limit for cycling accident claims, please don’t hesitate to get in touch for free advice you can trust.
How To Claim Cycle Accident Compensation
You may be wondering whether or not you could be eligible to claim cycle accident compensation. This will depend on whether you can prove that negligence occurred. This involves another road user breaching the duty of care they owe you and causing you to sustain harm as a result.
There may be instances where you have contributed to your own injuries. This is known as contributory negligence. In these cases, you could still make a bicycle accident claim. However, the compensation you are awarded will be reduced to reflect your level of negligence.
Steps to take
Below, you will find useful steps to take at the scene and after the accident to ensure you have relevant evidence that could help with the bicycle accident claims process:
- Take the details of the motorist/s involved. This can include their insurance details and vehicle details, as well as their name and contact details.
- Seek medical attention. This could ensure you get any treatment you might need for your injuries. Should there be any issues with your treatment, you could make a medical negligence claim on top of your personal injury case.
- Gather details for any witnesses. Witnesses to the accident could help corroborate your version of events when you make a bike accident claim.
- Photograph the scene and your injuries. Photographs of the scene could be useful when determining who could be at fault.
- Keep any documents relating to loss of income or expenses caused by your injuries.
Not every person who is injured on the road as a cyclist would be eligible to make a claim for a cycling accident. As we have mentioned, there are certain eligibility criteria to meet for injured cyclists to make bicycle accident claims.
To have a valid claim, you must prove someone else breached a duty of care towards you and that the resulting accident caused your injuries. However, it is important to note that even if the accident was partially your fault, you could still claim compensation if someone else was at fault too.
Therefore, the first step you should take if you think you have a bicycle accident claim is to check your rights. After all, going through the process of personal injury claims would be pointless if you had no right to claim.
If you would like to benefit from free legal advice on your cycling accident, get in touch. An advisor could talk to you about your claim and advise whether one of our solicitors could help you. During this call, you could ask any questions about how much compensation your claim could bring and how the process works.
By calling an advisor, you’re under no obligation to start a claim. However, if an advisor can see that your claim has merit, they can offer to connect you with a specialist cycling accident solicitor who could work on your case on a No Win No Fee basis.
Fatal Cycling Accident Claims With Cycle Accident Solicitors
While it is true that money could never compensate for a loved one’s loss, compensation from fatal cycling accident claims could help lower the financial burden of a fatal accident.
According to the Fatal Accidents Act 1976, dependants (spouse, children, parents, siblings etc) are allowed to seek damages if the accident was caused by somebody else’s negligence. Additionally, the deceased estate can claim compensation for any pain and suffering if their death wasn’t immediate.
As a dependent, you could be eligible to seek compensation if you relied on the deceased income. This could also include other benefits like pensions, the use of a company car or healthcare options.
Another payment that is claimable by the spouse or parent of the deceased is a bereavement damages award of £15,120 (last updated on 1st May 2020).
As you can see, there is a lot to consider in fatal cycling accident claims. If you would like us to make the claims process easier, please get in touch. We offer a free initial consultation in personal injury cases as well as free legal advice. If you proceed to make a claim with us, we’ll act on a No Win No Fee basis. We do understand how difficult claiming will be as you’ll need to discuss the accident once again. On that basis, we won’t put any pressure on you to proceed and will work at a pace that suits you.
Cyclists and motorbike users are inherently at a disadvantage on the road, as they do not have access to various safety features found in other vehicles, such as seat belts, airbags, and the vehicle’s shell soften the impact. Therefore, when accidents involving cyclist occur, the outcome can be devastating. Cycle accident claims can help in the aftermath of an accident where there’s been serious injury.
2019 statistics published by the Department for Transport (DFT) state that 100 cyclists died on British roads, and 4,333 individuals were seriously injured. These are the most current statistics provided by the DFT.
Some other statistics you may be interested in are as follows:
- Three-quarters of fatal cycling incidents involve major head injuries.
- Men make up 80 per cent of cyclist casualties.
- 80 per cent of cycling incidents happen during the day.
- Three-quarters of cycling accidents happen at or near a road junction.
- Rural roads are where half of the fatal cycling accidents happen.
- Three-quarters of severe or fatal cycling incidents happen in built-up and urban areas.
Read on for answers to some of our most common questions regarding cycling accident claims.
You may be wondering what kinds of circumstances might lead to cycle accident claims. There are many different reasons why a cycling accident could happen. Here are some of the most common:
- A cyclist could ride into the path of a vehicle.
- Motorists could turn across the path of a cyclist.
- A driver emerging into the path of a cyclist.
- A pedestrian walking in front of a cyclist.
The Department for Transport (DFT) outlined in their 2019 report that the number of cyclists who were killed or seriously injured in Great Britain had increased by 8% from 2009. The report also outlined that numerous factors could cause a collision of this nature; here are some examples:
- Travelling too fast for the conditions.
- Driving carelessly.
- Drivers being impaired by alcohol.
- Poor manoeuvres and turns.
What else could cause an accident
The road surface itself may also be a contributing factor for cyclist accidents. For instance, potholes, obstructing debris, or uneven road surfaces could cause an oncoming cyclist to fall and injure themselves. The city council would be responsible for maintaining public pathways and roads (unless it falls onto private land).
The chart below shows the rate of contributory factors relating to the road or road surface to cycling accidents in 2019.