Article: Cycling Accidents Guide

Cycling Accidents

In 2010 cycling accident statistics showed 17,811 cyclists were injured in a cycling accident on the roads in the UK, the vast majority in urban or built up areas. Of these, 2,843 were serious injuries and 119 were fatal.  In the majority of instances these resulted from the negligence of other road users, usually the drivers of other vehicles.  Some common causes of 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

What to do if you have a Cycling Accident

If you are unlucky enough to be involved in a cycling accident, either with another cyclist, pedestrian, car, van or other road vehicle, or with something on or in the road that led to the accident, you should take the following steps in order to best succeed in a cycling accident compensation claim:

• 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

Making a Cycling Accident Claim

A cyclist who is injured may be entitled to compensation if the cycling accident is not their fault or entirely their 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. If you are a victim of a cycling accident hit-and-run, the motorist doesn't stop and their identity is unknown, or if a motorist is uninsured, 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, the Claimant must prove that the motorist was responsible for the accident in order to claim compensation or 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).

Claiming Compensation for Damage Caused by Pothole

In cases involving potholes it may be possible to pursue a cycling accident 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.

Cycling Accident Injuries

Injuries sustained by a cyclist can vary. The majority of injuries are minor cuts and bruises to broken limbs, fractures and knee injuries Serious injuries include major head trauma, brain or spinal cord injury to multiple injuries that can include psychological affects. It is important as in any accident, to attend the hospital and/or the GP following the accident.

Claims for Cycling Injuries

Damages for personal injury, pain, suffering and loss of amenity can all be made after a cycling accident. In order to be successful in any claim for compensation, independent medical evidence will need to be obtained. Some of the losses that can be claimed after a cycling accident include:

• 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, i.e. 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 cycling accident are recoverable and there is a duty to keep losses to a minimum.

Cycling Accident Liability and Contributory Negligence

Liability (whose fault it is) 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

Whilst it is not against the law to ride a bike without a helmet, 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.

At present the experts' views on the wearing or not wearing of cycle helmets differs considerably. While it is clear that a helmet does provide a level of protection that can be life saving, the 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. As soon as the impact is at a greater speed the helmet may provide little if any protection.  Furthermore, there is some evidence 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.

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.

More Information

If you have been involved in a cycling accident and need to make a claim contact us today either online or for free on 0808 155 9070. 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.