Bicycle Injury Claim: Compensation For Cyclists Injured In Road Accidents
In this article we look at how you can make a claim against a motorist for personal injury when a collision occurs with your bicycle.
We consider cyclists as vulnerable road user and the special duties owed by motorists to ensure safety.
Finally, we explore how cyclist can be considered to contribute to their accident and risk a reduction in their compensation.
We conclude our article with our bicycle injury victim Q&A, testimonials made by injured cyclists we have assisted and access to our free legal help service.
Bike Injury Table Of Contents
- Bicycle Injury Claim: Compensation For Cyclists Injured In Road Accidents
- Bike Injury Table Of Contents
- What is a bicycle injury claim?
- How do you prove your bicycle injury claim?
- The Highway Code Requires Vehicle Drivers To Take Special Care
- Cyclists Are Considered Vulnerable Road Users
- Who pays your compensation for bicycle injury?
- Can you claim compensation in a hit and run or when a motorist is not insured?
- Can your compensation payout be reduced due to cyclist negligence?
- Is contributory negligence assessed in the same way if the injured cyclist is a child?
- How are compensation payouts for bicycle injury claims calculated?
- Important Parts Of The Highway Code Applying To Cyclists
- Can a claim be made against a cyclist for causing a pedestrian injury?
- What type of personal injury liability insurance do cyclists have?
- Q&A – Bicycle Injury Victims Questions Answered
- TESTIMONIALS – Injured Cyclists We Have Helped
What is a bicycle injury claim?
If you are a cyclist on a road, public highway or cycle lane – when a collision occurs with a motor vehicle (such as car, lorry, taxi, motorbike) and as a matter of law the driver of the motorised vehicle is considered at fault for the cycle accident – you should be entitled to claim compensation for your injuries, the damage to your bicycle and other financial losses.
This claim for compensation from the driver at fault is known as a bicycle road accident injury claim.
| LEGAL TIP Other Types Of Claim Cyclists Can Make For Injury |
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| Example 1 – Defective Road Surface Consider a cycle injury caused when you hit a pothole, hole in a road, raised grid or other defect with the road surface. You may be able to make a claim from the council (or other authority responsible, such as United Utilities) for a defective highway leading to your injury. Such claims are often more difficult to prove than those involving another road user. The council has a statutory defence of reasonable maintenance and inspection, which is not available to other road users that may be at fault for your road accident. Example 2 – Defective Bicycle More rarely if your accident was caused due to some defect with your bicycle – a product liability claim could be considered. |
How do you prove your bicycle injury claim?
The process for proving a bicycle injury claim is generally the same as for other road accidents (see our proving a road accident claim article).
Immediate steps following your cycling accident
The immediate steps you should take following a road accident involving your bicycle are concisely described in our road accident claim article.
Independent witness evidence
However – independent witness evidence of how your cyclist accident happened will prove essential. Thus, we wish to emphasize this point.
Try to get the details of a passerby, pedestrian, resident on the street, other motorist (not involved in the accident) who saw how your bicycle accident happened.
This person is an independent witness. The statement of an independent witness will be strong evidence as to how your accident happened. It is essential evidence. The courts will take the word of an independent witness over that of either party involved in the accident.
| Beware The Motorist Who Accepts Fault At The Accident Scene |
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| Often at the scene of a bicycle accident – a motorist will accept fault for the accident. This may induce you not to take the details of any independent witnesses. STOP!! Always take the independent witness details. The driver-at-fault will know you have this evidence. It will keep the motorist honest and prevent any later denial of liability or change of in description of how your accident happened. Should the motorist present a different version of events – the independent witness will be the vital evidence that will allow you to prove how your accident happened. |
The Highway Code Requires Vehicle Drivers To Take Special Care
The Highway Code specifically places a more stringent duty on car drivers and other motorised road users to take special care with cyclists in certain situations.
| EXAMPLE Lorry Overtakes A Cyclist |
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| For example – a large motor vehicle (such as a lorry) overtakes a cyclist. The same room should be given as overtaking a car. However, a cyclist is more prone to wobble or manoeuvre to avoid hazards on the road – such as grids, oil spillages and potholes. Therefore – the lorry driver should give sufficient room when overtaking. In addition, sufficient time should be allowed for the cyclist to change direction before overtaking. |
When a cyclist is (or might be) present on the road – motorists should consider the following extra precautions to avoid causing injury:
- Look out for bicycles and cyclists as they can be difficult to see.
- Give room to cyclists when overtaking them on a road.
- Watch out for bicycles making a sudden direction change especially when overtaking them.
- Do not enter a cycle lane to overtake.
| Cyclists May Change Direction Due To Obstacles |
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| Motorists should watch out when overtaking a cyclist. A cyclist may have to change direction due to obstacles on the road or due to other road conditions motorists may not be aware of. |
Cyclists Are Considered Vulnerable Road Users
A cyclist is considered a vulnerable road user (a road user that is not protected by a metal cage as in a car, lorry, van, bus, etc.). Therefore, it is more likely a cyclist will suffer serious injuries if a collision occurs with heavier and much faster motor vehicles.
As such there can often be a presumption in favour of a cyclist making a claim when determining prime liability (the person considered ultimately legally at fault) for collisions with motor vehicles. This is often subject to a reduction in the compensation level for cyclist error – known as contributory negligence.
| Cyclists Are Not Affected By The 2021 Legal Changes |
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| As a vulnerable road users – cyclists injured in a road accident will not be affected by the recent 2021 small claims limit for road accidents nor the new whiplash compensation amounts tariff. |
The law relied upon to prove cycle accident claims is set out in our cyclist accidents law article.
Who pays your compensation for bicycle injury?
Motorists are required by law to have motor vehicle accident insurance to meet any claims made against the driver for third party injury and loss.
Can you claim compensation in a hit and run or when a motorist is not insured?
Good news!! “Yes” – you can still claim compensation if the motorist that caused your bicycle accident makes off without leaving the requisite details. For example – in a typical hit and run road accident.
Not only that!! If the vehicle driver that caused your bicycle injury has no motor insurance you can still claim.
See our article describing the Motor Insurers Bureau and how it will meet you claim for compensation under the uninsured and untraced driver schemes.
Can your compensation payout be reduced due to cyclist negligence?
“Yes” – the amount of compensation you can recover can be reduced by a percentage if you have contributed to the accident through your own cycling negligence. This is known as contributory negligence.
Some examples of cyclist contributory negligence, include:
Cyclist failing to stop at lights
If you fail to stop at traffic lights and as a result a collision occurs – this would typically be classed as your fault. However, this could be different if the motor vehicle driver (despite having the right of way) was also doing something wrong.
| EXAMPLE Cyclist Going Through A Traffic Light (As It Turns Red) Hit By Speeding Car |
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| Imagine a collision occurred between a cyclist (who passes through a traffic light just as it was turning red) and a car driver (speeding through a traffic light just as it turned green). Despite having the right of way – the car driver could be found at fault. However, the bicycle injury claim could be reduced for contributory negligence by as much as 80%. Please note – if the cyclist was a young child the deduction for contributory negligence could be much lower than for an adult cyclist – even as low as 50%. |
Impact with car doors
If you are cycling on a road passing a parked car on the outside – when suddenly the door is opened knocking you to the ground. There is often an argument to say that you did not give sufficient room to overtake. It is still quite likely to be the car driver’s error with no contributory negligence.
However. if you were undertaking a line of cars waiting on a road for traffic to move (when there was no cycle lane) – it is still likely to be the car owners responsibility for the passenger error, but your claim could be reduced for contributory negligence.
Cyclists swerving onto the wrong side of the road
Motorists should give cyclists proper room when overtaking a pedal bike rider. You might have to swerve to avoid an obstruction on the road or drain grating.
However, if a cyclist swerves crossing the centre of the road and is hit by an oncoming car travelling correctly in the opposite direct from the cyclist. Unfortunately – this will often be considered 100% the cyclist fault.
| Motorists Failing To Leave Sufficient Room |
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| An overtaking car(or other motor vehicle) can be liable – if a cyclist makes a reasonable swerve due to road conditions resulting in a collision. |
Long vehicles turning across a cyclist path
A long vehicle might include a lorry, truck, bus, coach, large van, etc.
Right turn across a cyclist’s path
If a long vehicle turns right across cyclist path when the bicycle rider has the right of way – clearly the motorists will be at fault for any injuries the cyclist suffers.
However, there could be contributory negligence if the cyclist had sufficient time to slow down and stop (had the cyclist been paying attention).
Left turn across a cyclist’s path
Cyclists should pay particular attention of an accident when long vehicles are making left turns
For example – if you are undertaking a lorry (or travelling in a cycle lane to the left of the vehicle) when the lorry signals and starts to turn left causing a collision. It could be that you will be found to have been negligent. Therefore – you may have contributed to your injuries by failing to see the lorry’s indication and failing to stop to allow the lorry to make the left turn.
Of course, a lorry driver should have made proper checks before commencing to turn.
Failure to wear a cycle helmet
The Highway Code Rule 59 requires that you wear a cycle helmet which conforms to current regulations, is the correct size and securely fastened
There is an argument to say that if you do not wear a helmet when you are cycling and you injure your head as a result of a collision – your injures are made worse by the absence of the helmet. Therefore, your bicycle injury claim payout should be reduced for contributory negligence.
| Cycle Helmet May Provide Little Protection |
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| There is some evidence to show that if the force of the collision is large enough – a cycle helmet would provide little protection. Therefore, the courts tend to make no reduction for contributory negligence for not wearing a cycle helmet. |
Cyclist impacting a parked vehicle
You might have a bicycle injury claim if you impact a parked vehicle in a dangerous position on a road. However, there is a strong likelihood of a reduction in compensation amounts – if evidence shows that you should have seen the vehicle and avoided the collision.
Failing to have bike lights at night
The law requires you to have lights on your bike when cycling at night. A white front light and a red rear light must be lit.
Your bicycle injury compensation can be reduced if you failed to have requisite bike lights on and a collision occurs at night.
Is contributory negligence assessed in the same way if the injured cyclist is a child?
Mistakes made by adult cyclists. which would reduce or negate an adult cyclists claim are not viewed in the same way by the courts if the mistake is made by a young child cyclist.
| EXAMPLE Young Child Cycles Across A Junction Without Giving Way |
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| A young child cycling across a road junction instead of giving way may still succeed with a bicycle injury claim (with a reduction for contributory negligence) when an adult’s claim may not succeed at all. |
How are compensation payouts for bicycle injury claims calculated?
The amount you can claim for a bicycle injury claim depends on:
Pain and suffering caused by your injury
A sum of compensation is paid for the pain and suffering caused by your bicycle injury. This compensation is known as general damages. Your general damages payout amount depends on the severity of your injury, the duration symptoms last and any disability you may be caused.
Typical cycle accidents include a broken arm, fractured ribs, head injuries and leg injuries.
Our compensation payout calculator sets out each type of body part (in alphabetical order) with calculations and detailed examples of the amounts of compensation you can claim for all manner of bicycle injury to that body part.
Financial loss and expense
You can claim your financial loss and expense caused as a direct result of your bicycle injury in addition to a sum for pain and suffering.. This might include – lost income, medical expenses, etc,
Important Parts Of The Highway Code Applying To Cyclists
See our legal statute and Highway Code for cyclists article to see the relevant of the Highway Code that applies to cyclists.
Can a claim be made against a cyclist for causing a pedestrian injury?
“Yes” – in theory a personal injury claim can be made against a cyclist should injury be caused to a pedestrian from negligent cycling.
Please note as a general rule – we do not help make claims against cyclists.
| Cyclists Can Commit A Criminal Offence |
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| Cyclists can commit a criminal offence if their bicycle causes serious injury to a pedestrian. Offences Against the Person Act 1861, Section 35 If criminal culpability is found – potentially a Criminal Injuries Compensation Claim could be considered by the pedestrian for compensation for injuries sustained. |
Cyclists owe a duty to pedestrians (and other road users), so care should be taken to observe the rules of the road as other motorists have to.
Jumping traffic lights
For example, you should not jump traffic and / or pedestrian crossing lights as you may endanger other road users).
Cycling on pavements
You should not cycle on pavements – where pedestrians could be injured.
| Most Claims Against Cyclists Are Made By Pedestrians |
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| Most claims considered against cyclists are by pedestrians. Pedestrians are considered even more vulnerable than cyclists in the event of a collision. |
What type of personal injury liability insurance do cyclists have?
Cyclists very rarely have separate accident insurance to meet the claim for injuring a third party.
In addition. Household insurance policies (for the house or flat the cyclist resides in) may cover such liability.
Typically building insurance might have this cover whereas household contents insurance might fund a bicycle injury solicitor to make a claim for cyclist injury.
Q&A – Bicycle Injury Victims Questions Answered
QUESTION – Can I Claim For A Fractured Ankle When My Bike Slipped Turning A Corner
I want to know if can I claim for a foot injury as I am a student in the UK. My bike slipped as I turned a corner on the road and I fell off. The bike speed was less then 20mph. I just turned the bike and suddenly the bike slipped and I fell down.
No one hit me and I never hit anybody. I went to hospital and was diagnosed with an ankle facture.
SOLICITOR RESPONSE
We do not believe you would have a personal injury claim. Because – you must show that someone other than yourself was at fault for your bicycle accident. For example:
- Another road user was at fault. Such as when a vehicle negligently collides with you.
- There was defect with the road surface. For example – a deep pothole in the road that caused you to lose control.
- There was a manufacturing defect with the bicycle. For example – a handlebar snaps causing you to fall.
Since none of these were present and it seems that a cycling error occurred, Regretfully, you would appear to be at fault for your accident.
Therefore, you would have no one to make a claim against – other than yourself. Unfortunately – the law in the UK does no permit you to claim from yourself.
TESTIMONIALS – Injured Cyclists We Have Helped
Kevin called me back soon after I left a message and was really helpful…
Read Zoe’s Full Testimonial
HIGHLY recommend Kevin.
Called him for some truthful advice…
Read John’s Full Testimonial
I called Kevin following a road traffic accident in which I was knocked off a bicycle…
Read David’s Full Testimonial
SUMMARY
How to prove your bicycle injury claim; how your own negligence can reduce your compensation payout amount; see different cyclist accident scenarios with the likely effect of contributory negligence; why children often have their claim reduced less than adults for cyclist error; find out the potential claims made against a cyclist for injuries to pedestrians; cyclist insurance to make or defend a claim; see typical injuries a cyclist might experience with examples of bicycle injury claim compensation amounts.
FREE Legal Help
We offer free online & telephone specialist solicitor help if you have been injured in cycle accident , you can have your claim assessed, speak direct with our solicitors or ask a bicycle injury claim question.
