How To Claim Cycle Accident Compensation
In this guide, we will explore how you can make a claim to seek cycle accident compensation following a road traffic accident that was caused by someone else’s negligence.
Cycle accident compensation claims guide
There are various scenarios in which another road user’s negligence could have caused a cyclist to sustain harm in an accident. We will provide examples of this in more detail throughout our guide. We will also look at the duty of care all road users have when they’re navigating the road.
This could help you understand whether you’re eligible to claim.
Furthermore, we will look at the steps you could take to build a strong claim, including the evidence you could gather. Additionally, we will look at what your compensation settlement may comprise and how compensation is often calculated.
If you have any questions after reading, please don’t hesitate to get in touch with our team by:
- Calling our team on 0203 870 4868
- Filling out our contact form with your query
- Using the live support option below
Select A Section
- What Is A Cycle Accident Compensation Claim?
- Who Could You Make A Cycle Accident Compensation Claim Against?
- How Long Could Your Cycle Accident Claim Take?
- How Much Could It Cost To Make A Cycling Accident Claim?
- Calculate Your Cycle Accident Compensation Payout
- Check And Claim With A Specialist Cycle Accident Solicitor
What Is A Cycle Accident Compensation Claim?
All road users have a duty of care to ensure they are doing everything reasonably possible to protect one another from harm. The Highway Code sets out rules and guidance for each road user to follow.
It’s important to note there have been changes made to the Highway Code that put a greater responsibility on those operating vehicles with the greatest risk of causing harm. As such, car drivers may have a greater responsibility than pedestrians or cyclists.
However, there are certain instances where they may fail to do so. Examples of this might include:
- A driver may operate their vehicle under the influence of drugs and alcohol. As a result, they may knock over a cyclist using a designated cycle lane causing them a broken back and severe damage to their spinal cord.
- A driver may open their car door without checking it was safe to do so. As a result, they may knock a cyclist off their bike causing them to sustain a broken wrist.
If you have experienced a similar incident where another road user has caused you harm as a result of their negligence, call our team to see whether you’re eligible to make a cycle accident compensation claim.
Pedal Cyclist Safety Statistics
According to the Reported Road Casualties in Great Britain: Pedal Cycle Factsheet 2020, there were around 141 fatalities to pedal cyclists between 2004 and 2020. It also found that on average 2 pedal cyclists died and 83 were seriously injured between 2015-2020.
Who Could You Make A Cycle Accident Compensation Claim Against?
It could be possible to launch a cycle accident compensation claim against any party who caused you to experience harm as a result of breaching their duty of care. This could include:
- Drivers or riders of different vehicles: This could include those operating cars, motorcyclists, lorries and vans.
- Your local authority: In some cases, the local authority may be at fault for the accident that caused you to sustain harm. For instance, if there were potholes or faulty traffic lights on a road that was their responsibility.
It can be difficult to understand who was liable for your accident. However, our team can help you better understand whether you could put forward a claim to seek compensation for your injuries.
For more information, please get in touch on the details below.
How Long Could Your Cycle Accident Claim Take?
The time it takes for cycle accident compensation claims to settle can vary according to how complex they are and how severe the injuries may be.
Claims that are more complex could take longer to assess and resolve as there may be long term health implications or evolving medical conditions that could worsen over time. For that reason, it may take longer to understand the future prognosis of your injury.
In addition to the details of the injury, the actual circumstances of the road traffic accident could be disputed. For instance, the other party may not admit liability and may claim they were unable to avoid the cyclist or were subject to forces out of their control such as bad weather.
Furthermore, there may be instances where both parties share liability for the accident or injuries sustained. In these cases, both parties may receive compensation at a reduced percentage to reflect how much they contributed to the accident.
Securing An Interim Payment
If the other party has accepted liability, it may be possible to receive an interim payment. This means you could be paid part of your compensation before the claim settles. It’s often needed in cases where the full extent of your injuries won’t be known for a while and so your settlement can’t be accurately calculated.
The payment could help to cover immediate expenses such as home adaptations and medical costs. Furthermore, it will be deducted from the final settlement amount you eventually receive.
Pre-Action Protocols for Personal Injury Claims
Pre-action protocols are steps that are taken to settle the claim before it reaches the stage of going to court. These might include but are not limited to:
- Sending a letter of notification to the defendant that you intend to make a claim against them.
- Carrying out an assessment of the claimant’s immediate medical needs.
- Sending a letter of claim to the defendant containing a clear summary of the incident and injuries.
- Allowing the defendant 21 days from the date the letter was posted to formally respond.
Pre-action protocols are an opportunity for both parties to communicate and come to an agreement.
How Much Could It Cost To Make A Cycling Accident Claim?
There is no initial cost to put forward a cycle accident compensation claim without a solicitor. However, there are certain costs that could incur while your claim is ongoing, such as court fees if your claim reaches that stage.
If you choose to hire a solicitor on a No Win No Fee basis, you won’t need to pay these costs while your claim proceeds.
Additionally, you won’t need to pay your solicitor an upfront fee for their services. This is something that is often required when hiring legal representation and something you can avoid with a No Win No Fee arrangement.
Our panel of personal injury solicitors all operate on this basis and they could take your claim if it holds validity and has a chance of success.
Calculate Your Cycle Accident Compensation Payout
There are two areas that are considered when assessing the impact of the accident. These include the pain and suffering you have experienced as a result of the physical and psychiatric injuries you sustained and the financial losses incurred as a result. These are called general and special damages.
General damages
An independent medical expert may examine you to provide a detailed report of your injuries. This medical report will be used to assess the extent of your injuries, including the severity and the impact they have had on your quality of life. In addition, a publication called the Judicial College Guidelines may also be used to value your claim.
The guidelines provide bracket compensation amounts for several injuries at varying severities. We have used these amounts in the table below.
| Injury | Severity | Bracket Figure |
|---|---|---|
| Brain | Moderate brain damage (c) (i): Cases might involve a moderate to severe intellectual deficit, impact on sight or speech, an increased risk of epilepsy and a change in personality. | £140,870 to £205,580 |
| Neck | Severe (a) (iii): Injuries might include ruptured tendons and soft tissue damage that leads to permanent chronic and significant disablement. | £42,680 to £52,540 |
| Back | Severe (a) (ii): This bracket could include injuries which have special features such as nerve root damage with loss of sensation. | £69,600 to £82,980 |
| Elbow | Less severe (b): The kind of injuries that do not require major surgery but involve impaired function of that joint. | £14,690 to £30,050 |
| Wrist | (b) Injuries that result in a permanent disability of a significant nature. Some useful movement may still remain. | £22,990 to £36,770 |
| Knee | (a) Severe (ii): A leg fracture that affects the joint in the knee. It may cause ongoing pain and limits movement. | £48,920 to £65,440 |
| Ankle | (c) Moderate: Injuries might include tears and fractures that make walking or standing difficult. | £12,900 to £24,950 |
| Psychiatric Damage | (d) Less severe: The award given will depend on the length of illness, whether sleep was impacted or if a specific phobia presented itself. | £1,440 to £5,500 |
| Tetraplegia/ Quadraplegia | There are several factors that will affect the compensation awarded, such as age, degree of independence, life expectancy and pain level. | £304,630 to £379,100 |
| Paraplegia | The award given may depend on several factors such as level of pain, independence, life expectancy, age and the psychological impact the injuries may have had. | £205,580 to £266,740 |
It’s important to note that these amounts are only to be used as a guide. They aim to provide a fair and consistent award bracket that takes into account pain, suffering and loss of amenity.
Special damages
It’s possible to use bills, receipts and statements to prove any out-of-pocket losses caused by the injuries. These losses could be claimed back under special damages and might include:
- Loss of earnings
- The cost of expensive medical procedures not available on the NHS
- Damage to your bike or your personal property
- Domestic help at home from paid carers
- Adaptations to your home
- Physiotherapy or rehabilitation costs
- Travel costs to and from work or hospital appointments
For more information on what might be included in your cycle accident compensation, please get in touch on the number above.
Check And Claim With A Specialist Cycle Accident Solicitor
If you need help with your cycle accident compensation claim, a No Win No Fee solicitor from our panel could begin working on your case. As mentioned, there are several benefits to hiring a solicitor to represent your claim on this basis, including:
- No costs to pay upfront
- No costs to pay during the course of your claim
For successful claims, you will pay a small percentage of your compensation in the form of a success fee. The fee is capped by law and something you’re made aware of before you begin your claim. However, in instances where a claim fails, no success fee will be paid to your solicitor.
After assessing your eligibility, an advisor could connect you with a solicitor from our panel if your claim has a chance of success.
However, if you’re not yet ready to start your claim, an advisor could provide further guidance on anything of which you’re still unsure. Find out more by:
- Calling our team on 0203 870 4868
- Filling out our contact form with your query
- Using the live support option below
Further Guides And External Resources
We have provided some additional resources that you may find helpful below.
- Find more information on seeking compensation if you were a cyclist hit by a car.
- A helpful guide exploring if you can claim after being injured in a cycling accident without a helmet.
- Visit our guide on bicycle accident claims explained.
- The Highway Code rules for cyclists.
- Cycle safety advice from Think!
- Road accidents and safety statistics from the Department for Transport.
For more information on making a cycle accident compensation claim, please get in touch with our team on the details above.
