Cycling Accident Claims

Usually, your injury will have been caused by a collision with a car, van or other road user, but it could also be due to a road or cycle lane in poor condition (including potholes) or because your bike or helmet failed. Even if you have been injured in a hit-and-run and can’t identify the driver, you could still claim.

The most common causes of collisions that our solicitors deal with are when a motorist:

• Fails to spot a cyclist, especially when pulling across junctions
• Drives at excessive speed
• Doesn't leave sufficient safe distance when overtaking or manoeuvring.

Cyclists are especially at risk when larger vehicles are manoeuvring into junctions, due to vehicle design and sight lines. It's an unfortunate fact that drivers can sometimes be openly hostile to cyclists. If an incident that led to an injury was deliberately caused, such as in a road rage incident, then you may be able to make an application for damages under the government-operated Criminal Injuries scheme.

Yes, you can make a claim against an uninsured driver if they were responsible for your cycling accident. However, the process will be slightly different as you won’t be claiming against the driver’s insurer.

Instead, we will take your claim to the Motor Insurers’ Bureau (MIB), an organisation set up for this type of situation. The MIB will attempt to confirm the identity of those involved and assess whether compensation can be paid and, of course, who will pay it.

If the person responsible can't be traced, the MIB will pay your compensation. This pot is made up of a proportion of everybody's annual motor insurance premiums each year and exists for this exact situation.

There’s no legal requirement in England, Wales, or Scotland for a cyclist to wear a helmet, even though the Highway Code encourages their use.

There’s also no law that says failing to wear a helmet reduces compensation if the accident led to a head injury. However, the court might consider it when deciding your compensation amount.

Much of it depends on whether wearing a helmet could have significantly lessened your injuries. Sadly, some injuries may not have been avoided even if a helmet had been worn and there would be no reduction in the compensation.

This is also the case in circumstances when a law has been broken.

What if I didn't have lights?

You are legally required to have front white and red rear lights switched on if cycling when it's dark, as well as a red rear reflector. If the bike was manufactured after 1 October 1985, it must also have amber pedal reflectors.

Failing to have proper lights and reflectors can reduce visibility of your bike in the dark or in poor weather conditions. If the incident occurred at night, or at a time when weather conditions caused poor visibility and you didn’t have lights switched on, your compensation payments may be reduced if it contributed to the accident.

What if I wasn't wearing hi-vis clothing?

Although lights are a legal requirement when riding in darkness, hi-visibility clothing is not, but failing to wear hi-vis clothing can still reduce the visibility of a cyclist at night or in poor weather. A court could take this into account if this was a factor in the accident, but if your bike is properly fitted with the required lights, then a lack of hi-vis should not affect your compensation—lights should make you visible enough to a motorist driving with reasonable care.

In all these instances, the amount of compensation you receive could be reduced, but it certainly doesn’t affect your right to make a claim—give us a call if you need to talk through your claim to see if you have a case.

Your claim will be against whoever is responsible for causing your injury. Often, this will be a motorist or another cyclist, but you may be claiming against a local authority if your accident was caused by a poorly maintained road or cycle lane.

Your accident may also have been caused or your injuries worsened by a fault with your bike or safety equipment, such as your helmet or lights. You will be claiming against the manufacturer in this case.

While your claim will be against whoever is responsible for causing your accident, any settlement or compensation you get will likely be paid by their insurance company.