How Do I Prove Fault In A Cycling Accident?
Have you been injured in a cycling accident that was not your fault? If you weren’t at fault in a cycling accident, you may be able to make a personal injury claim to receive compensation for your injuries.
Before reading this article, you may have questions such as:
- What happens if a cyclist hits a pedestrian in the UK?
- How do you prove fault in a bicycle accident?
- How do you make a personal injury claim for a cycling accident?
This guide aims to answer these questions by providing information on the steps you could take following a cycling accident. In addition, we will explore the evidence you can provide in order to strengthen your claim and highlight whether someone has acted negligently.
In order to make a personal injury claim, you must prove that you weren’t at fault for the accident. You also must have suffered injuries from the accident as a result of someone else’s negligence.
If you were at fault for the accident in which you sustained harm, you cannot claim. However, if you were partially at fault, you may still be able to seek compensation by making a split liability claim.
If you’ve suffered injuries and weren’t at fault in a cycling accident, our team of advisers can help.
Get In Touch With Our Team
When you suffer injuries from a road traffic accident, it can be useful to seek help from professionals. You can contact our friendly team of advisers today to receive free legal advice. If you’d then like to continue with our services, they can connect you with our expert panel of personal injury solicitors who can help to prove that you weren’t at fault in a cycling accident.
We recommend you contact our team of advisers by:
- Calling them on 020 3870 4868
- Starting your claim online.
- Using the live chat feature at the bottom of the screen.
Services And Information
- Everything You Need To Know About Proving Fault In A Cycling Accident
- What Is A Cycling Accident?
- What Is Fault In A Cycle Accident?
- Rules Of The Road For Cyclists
- Cycling Accident Compensation Calculator
- When Could Cyclists Be At Fault For A Cycling Accident?
- What Evidence Can Help You Prove Fault In a Cycle Accident?
- What Medical Evidence Could Help Support My Claim?
- Obtaining An Admission Of Liability In A Cycle Accident
- How Much Time Do I Have To Claim For A Cycling Accident?
- I Suffered A Cycling Accident Injury, What Should I Do?
- Do You Handle Cycling Accident Claims On A No Win No Fee Basis?
- Other Information On Proving Fault In A Cycling Accident
- FAQs About How To Prove Fault In A Cycling Accident
This guide will discuss how you can make a personal injury claim to receive compensation for your injuries sustained in a cycling accident that wasn’t your fault. Firstly, there will be sections discussing what cycling accidents are and examples of how they could occur as a result of another road user’s negligence.
There will also be a section on the different road rules for cyclists and other road users including the duty of care they have towards each other.
Furthermore, we understand you may wish to learn about what your compensation may comprise so we have explored this further in the guide. Although you may have used a personal injury claims calculator table to assess the value of your claim, they aren’t always accurate. Instead, we have provided information on how compensation is calculated and the factors that may be considered when valuing your injuries.
The guide will also explore what evidence you can provide to prove you weren’t at fault in a cycling accident. In addition, we’ll look at the role medical evidence plays when calculating how much your injuries are worth.
Most importantly, we will discuss the option of hiring a cycling accident solicitor from our panel to work on a No Win No Fee claims basis.
Remember, if you have any questions whilst or after reading, please get in touch with our team using the number at the top of the page.
There are several ways that a cycling accident can happen. For instance:
- The driver of a car may hit a cyclist off their bicycle if they fail to check their mirrors when overtaking on a narrow road.
- A pedestrian might walk in front of a bicycle because they didn’t look before crossing the road. This might cause the cyclist to stop quickly and fall off their bicycle.
- The council may have failed to fix potholes in a reasonable amount of time causing a cyclist to be thrown from their bike.
The table below shows statistics from the Department of Transport that illustrate the number of reported casualties that were killed or seriously injured in Great Britain between 2016 and 2020.
The statistics above give an idea of the frequency with which serious or fatal cycling accidents happen. However, it’s important to note that not all cycling accidents form the basis of a claim. To make a cycling accident claim, your accident must meet the criteria below:
- You were owed a duty of care
- The accident was caused due to another road user breaching their duty of care
- You sustained physical or psychological injuries as a direct result of the accident.
If you’re unsure whether your claim meets these criteria, call our team to discuss whether you’re eligible to seek compensation.
Fault in a cycling accident refers to who caused or was liable for the accident. If you weren’t at fault for a cycling accident, you may be eligible to make a personal injury claim.
In some cases, you may have been partially at fault for the cycle accident. In this case, you and the other party can file a split liability claim. This is where both parties receive a percentage of the compensation, for example, 50% if each party was equally responsible.
The Highway Code provides information on the hierarchy of road users. This means that vehicles with a higher potential to cause harm have a higher responsibility. For example, an HGV has the potential to cause more damage than a pedal bike, and as such has a higher responsibility to others.
It’s important to be aware that this could affect how liability is determined in road traffic accident claims.
According to the Highway Code, all road users have certain rules they have to follow, including cyclists. Cyclists must ensure that they:
- Do not cycle on the pavement.
- Abide by traffic lights and traffic signs.
- Keep to the side intended for them when using cycle tracks.
- Use bicycle lights and reflectors when riding in the dark.
Following these rules is essential to lower the risk of road traffic accidents. If you suffered an injury in a road traffic accident as a result of not following the rules set out in the Highway Code, you may not be able to make a personal injury claim.
If you’d like to learn more about fault in a cycling accident, our team of advisers is available to offer free legal advice and assess how much compensation you could receive for your injuries.
It can be difficult to calculate exactly how much you might receive in compensation. This is because compensation awards vary on a case-by-case basis, depending on your circumstances. To help, we have compiled a table of figures from the Judicial College Guidelines (JCG).
The JCG is a document that provides guideline compensation brackets to help legal professionals value potential claims. It’s often referred to when calculating the compensation you may be awarded under the head of claim general damages. General damages cover the compensation you receive for the pain and suffering any physical or psychological injuries have caused you.
|Mental Anguish||Where the person fears that death is pending or that their life expectancy is reduced.||£4,380|
|Severe Post-Traumatic Stress Disorder (a)||Permanent effects that prevent the individual from working or functioning the same as they did pre-trauma.||£56,180 to £94,470|
|Minor Brain or Head Injury (e)||Minimal if any brain damage, with consideration given to injury severity and recovery time.||£2,070 to £11,980|
|Chest Injuries (b)||Traumatic injuries to the chest, lungs or heart causing permanent disability.||£61,710 to £94,470|
|Arm Amputations (b) (i)||One arm amputated at the shoulder.||Not less than £128,710|
|Shoulder Injuries (e)||Clavicle fractures with consideration given to injury severity and whether the impact is permanent or temporary.||£4,830 to £11,490|
|Arm Injuries (d)||Uncomplicated forearm fractures.||£6,190 to £18,020|
|Leg Injuries (c) (ii)||Less serious leg injuries including a femur fracture with no damage to the articular surface.||£8,550 to £13,210|
|Injuries to the Elbow (b)||Injuries that are less severe and cause an impairment of function but don't involve major surgery or cause a significant disability.||£14,690 to £30,050|
|Hand Injuries (f)||Finger fractures that are severe.||Up to £34,480|
Special damages are compensation for the financial impact the injury has had on your life, for example, loss of earnings due to having to take time off work. You must provide evidence in order to receive special damages, such as bank statements and receipts.
If you’d like more advice about general and special damages and what evidence you should provide, our team of advisers is available to offer free legal advice.
Cyclists must follow the rules set out in the Highway Code. If a cyclist doesn’t follow these rules and there’s an accident, they may be at fault. This means they won’t be able to make a personal injury claim.
Some ways a cyclist can be at fault for a road traffic accident are:
- Not stopping at a red light.
- Cycling on the wrong side of the road.
- Not riding with the flow of traffic.
- Not signalling when turning a corner or changing lanes.
If you’re unsure whether the vehicle accident was your fault, you can give our team of advisers a call and they will discuss this with you.
To help prove cycling injuries, there’s a range of evidence you can provide:
- Witness statements: Collecting the contact details of any potential witnesses ensures their statements can be taken at a later date.
- Pictures: You can take pictures of any road hazards, the position of the vehicle involved, the injuries you have, and the damage to your bike.
- CCTV or dashcam footage: This type of footage can be extremely helpful in proving fault in a cycling accident as it could highlight what caused the accident.
- Financial proof: Keep receipts/bank statements showing any money you’ve spent due to your injuries. This could include receipts for taxis you have had to take to and from medical appointments or payslips to show any lost income.
If you’d like to discuss more about what evidence you can use to help prove fault in a cycling accident, don’t hesitate to get in touch with our team of advisers. They’re available to offer free legal advice and could connect you with our panel of personal injury lawyers to begin your cycling accident claim.
Medical evidence can be helpful in personal injury claims as it can highlight the severity of your injuries and the length of your treatment. You can provide medical records from your GP or A&E stating the diagnosis and treatment you have received, any medication you’re taking for the injury, and how long recovery might take.
Later on in your claim, you may be invited to attend an independent medical assessment. The findings of this assessment can highlight the full extent of your injuries including any future prognosis. This can be particularly helpful in showing the impact the injury has continued to have on your quality of life if you’re claiming a while after the accident occurred.
During the claims process, the defendant may admit liability and offer a settlement fee. In some cases, the defendant may not admit liability but may offer a settlement to avoid the case going to court.
Sometimes, the defendant may admit liability for the accident but may also request evidence that the accident caused you harm. For instance, medical records could prove you suffered injuries as a result of the accident.
We understand the process can seem complex which is why you may benefit from hiring a solicitor to represent your claim. They can ensure you have relevant evidence to support your case. For more information about how a solicitor could help, please get in touch using the details above.
According to the Limitation Act 1980, there is generally a three-year time limit to make a personal injury claim if you weren’t at fault in a cycling accident. That means you have three years from the exact date the accident happened or three years from when you connect your injuries with negligence.
However, if you’re under 18, the three-year time limit begins on your 18th birthday. Alternatively, someone you trust can act as a litigation friend to make the claim for you before you turn 18. Similarly, if you have a reduced mental capacity, a friend/family member can apply to become a litigation friend and make the cycling accident claim on your behalf.
Contact our advisors today to learn more about time limits for cycling accident claims.
If you’ve suffered an injury and weren’t at fault in a cycling accident, the first thing you’re recommended to do is seek medical attention. Not only is this essential for your health and wellbeing, but it also strengthens your personal injury claim as you can provide medical records.
You may also be invited to an independent medical assessment later on in your claim, which will produce a medical report. Medical evidence can prove the severity of your injuries, the recommended treatment, and the recovery time.
The next thing you could do is collect other evidence to support your claim. This could be CCTV footage of the vehicle crash and photos of your injuries. Moreover, you should collect evidence to prove the financial impact the injury has had on you. An example of this evidence could be bus tickets, to prove you travelled back and forth to medical appointments.
Finally, you may benefit from contacting a specialist cycling accident solicitor to help you progress with your personal injury claim. Some claimants decide to make a personal injury claim on their own but can be more beneficial to hire an experienced, expert personal injury solicitor to help you seek compensation.
As per the CFA, you do not need to pay any upfront or ongoing fees. If your case fails, you don’t pay a success fee to your solicitor. However, if your case is successful, your solicitor will take a success fee. This will be taken as a percentage of your award, but this percentage has a legal cap.
If this is something you feel you would benefit from, you can get in touch with our team. They can assess your case and pass it on to a No Win No Fee solicitor from our panel to begin working on your claim.
Our advisers can provide more information when you get in touch today. We suggest you contact us by:
- Calling us on 020 3870 4868
- Filling out our form online.
- Using the live chat feature at the bottom of the screen.
Below, we have provided other additional resources that you may find useful.
Car Accident Claims Guide – If you’ve been in a road traffic accident that wasn’t your fault, this article explores how to make a personal injury claim to gain compensation.
When And How To Report A Car Accident – Our article explains what you should do after a car accident, how you can report it, and how to make a personal injury claim to seek compensation for your injuries.
Pedestrian Hit By A Car At A Junction – If you’re a pedestrian who’s been hit by a car at a junction, our article can help you figure out who was at fault and if you may be able to gain compensation for your injuries.
How Do I Know If I Have Broken A Bone? – An NHS guide on the symptoms of broken bones and when to seek medical attention.
Reported Road Casualties In Great Britain, Provisional Estimates 2021 – For additional road traffic accident statistics, this report could help.
The Road Traffic Act 1988 – This piece of legislation outlines all the rules of the road and how to avoid getting into road traffic accidents.
What happens if a cyclist causes an accident?
Although cyclists are not legally obliged to have third party insurance making it more difficult to make a claim against them, there are certain instances where you could still seek compensation. For more information, please get in touch with our team if a cyclist has caused a road traffic accident that resulted in you sustaining harm.
Who is at fault if a bicycle hits a car?
Fault in an accident can vary depending on the situation. In some cases, a cyclist may follow all the road rules and hit a car meaning it’s not their fault. However, there are other instances where a driver may have also followed all the road rules and this accident still happens.
In order to claim though, you must have sustained harm due to another road user breaching their duty of care and causing you harm.
What are the most common causes of bicycle accidents?
Some common causes of bicycle accidents might include:
- Driver distractions
- Weaving through the traffic
- Failing to signal when turning corners or changing lanes
- Not stopping at a red light
How do I claim after a cycle accident?
If you’d like to make a personal injury claim after a cycling accident, you can get in touch with our expert team of advisers. Once they’ve learned more about your situation, they can forward you to our experienced panel of personal injury lawyers to begin your claim.
We hope this guide exploring fault in a cycling accident and seeking compensation for your injuries has helped. However, if you have any additional questions, please get in touch on the number above.