Cycling Accidents

There are many thousands of accidents involving cyclists each year in the UK.  In the vast majority of instances these result from the negligence of other road users, usually the drivers of other vehicles.  The statistics suggest that over 15,000 cyclists are involved in reported road accidents each year and more than 2,100 are killed or seriously injured.

Some common cycling accidents include:-

• Motorist emerging into path of cyclist when the cyclist has right of way
• Motorist turning left across the path of the cyclist
• Vehicle door being opened into path of passing cyclist
• Pedestrian walking off pavement into the path of cyclist
• Cyclist turning right from a major road and being hit by vehicle from the minor road
• Cyclist’s front wheel hitting a pothole or drain-cover and cyclist being thrown from the bike
• Cyclist riding into the path of a motor vehicle, often riding off a cycle route or pavement

Action to be taken after a cycling accident:-

• Exchange name, address, registration number and insurance details with any driver
• Report it to the police
• Obtain photographs of the scene - particularly important if there is a pothole which has caused the accident
• Obtain details of any witnesses
• Keep the damaged bike, all damaged bike parts and any damaged clothing
• Obtain estimates for the bike repairs and clothing damaged or if it is beyond repair an estimate for a replacement (unless the original receipt can be found)
• Attend hospital and/or GP in relation to the injuries
• Record all expenses and keep documentary evidence in support

A cyclist who is injured may be entitled to compensation if the accident is not at all or not entirely his fault.  However, it is important to bear in mind that liability is often disputed in cycling accidents. A driver’s motor insurance covers claims made by cyclists but if a motorist is uninsured or fails to stop at the scene of the accident and the identity of the motorist is not known it may still be possible to make a claim through the Motor Insurers Bureau (MIB).  This is a government body which was established to compensate victims of untraced and/or uninsured motorists. 

As with any motor accident however, the Claimant must prove that the motorist was responsible for the accident in order to claim damages.  If claiming from the MIB a Claimant must also comply with the terms of their agreement in order to gain compensation.  One of the terms is that the accident is reported to the police and it should be reported within a maximum of 14 days of the date of the accident (where personal injury alone is sustained) and within 5 days (where there is also a claim for property damage).

In cases involving potholes, it may be possible to pursue a claim against the local council but such claims are not straightforward and this will largely depend upon whether or not the pothole was present at the time of the local council’s previous inspection or whether it had already been reported to the council as a hazard.

Injuries

Injuries sustained by a cyclist can vary from minor cuts and bruises, broken limbs and knee injuries to major head trauma and multiple injuries including psychological injury.  It is important as in any accident, to attend the hospital and/or the GP following the accident.

Compensation

• Damages for personal injury, pain, suffering and loss of amenity – independent medical evidence will need to be obtained
• Treatment costs such as physiotherapy
• Mileage to and from hospital, GP, treating therapists
• Medication costs – prescriptions, painkillers
• Bike repair costs or replacement value – subject to documentation evidence
• Loss of use and enjoyment of the bike – a sum per week for the period for which the bike is off the road
• Additional travel costs, ie if the bike is unusable or the injuries mean that it is not possible to ride the bike
• Loss of earnings

These are examples of the most common out of pocket expenses and there may well be other losses that can be claimed.  It is important to remember that a record of losses should be kept and receipts and invoices obtained wherever possible.  Only reasonable losses that are directly related to the accident are recoverable and there is a duty to keep losses to a minimum.

Liability and Contributory Negligence

Liability is often disputed in cycling accidents and to avoid arguments of contributory negligence remember the following when cycling:-

• Wear fluorescent clothing
• Wear a helmet
• Follow the Highway Code
• Use approved lights
• Indicate intentions properly
• Do not ignore traffic lights
• Ensure bicycle is properly maintained, particularly the brakes and tyres

Cycle Helmets

At present the experts’ views on the wearing or not wearing of cycle helmets differs considerably. It is worth bearing in mind that a current standard for cycle helmets is meant to provide protection from a fatal head injury when a cyclist falls onto a flat surface at no more than 15mph and thus as soon as the impact is at a greater speed the helmet may provide little if any protection.  Furthermore, medical evidence has suggested that most serious head injuries sustained in an accident involving a cyclist and a motor vehicle are due to rotational forces and it is questionable as to whether cycle helmets offer any protection in these circumstances.  Whilst current legislation does not make the wearing of a cycle helmet compulsory,  this does not prevent a Defendant arguing contributory negligence where a head injury has been sustained and a Claimant has not been wearing a helmet.  Whether or not the helmet itself would have made any difference in the circumstances has to be a matter for the medical evidence.

Nevertheless, it seems that there is strong support from a number of bodies that all cyclists should wear properly fitted helmets.  Cycle helmets are now compulsory in Australia, New Zealand, Spain, Iceland (under age 16), Czech  Republic (under age 16), Canada (aged under 18) and many states in the USA.  Since October 1993, the Royal Mail have required their postmen and women to wear helmets.

The wearing or not wearing a helmet is not the only issue that needs to be taken into account when considering liability. The issues of fluorescent clothing and lights are also of much relevance when cycling at night or in poor weather conditions and compliance with the Highway Code is of course always a relevant factor of consideration.

Colemans-ctts have helped many people claim compensation for cycling injuries and accidents.  For further information about pursuing a claim for injuries sustained as a result of a cycling accident contact the Personal Injury Department at colemans-ctts solicitors.

Should you wish to discuss the information contained in this article further, or if you have any questions relating to this area of law, please contact Juliette Gadsby on 0208 296 6833 or jgadsby@ctts.co.uk.