A Complete Guide To Bicycle Accident Claims

Bicycles are becoming an ever more common sight on our streets and roads, but the risk of being injured whilst riding one can be significant. If you have been hurt in a cycling accident which was not your fault, our expert solicitors could help you seek compensation. Bicycle accident claims allow injured cyclists to not only secure a fair compensation but also meaningfully support their recovery journey. 

In our guide, you will first learn about the claims process and who is eligible to pursue compensation. We will also examine some common reasons for bicycle accidents and what happens when someone contributes to their own injuries. Next, we consider the question of compensation and what factors may influence how much someone receives for a bicycle injury.

Then, we explore some crucial aspects of making a claim, such as evidence and time limits. Finally, we discuss how a personal injury solicitor from Accident Claims could guide you through the claims process and work hard to get you the fairest possible settlement.

To find out more about how to make a bike accident claim through our specialist solicitors, you can contact our trained advisors for a free, no-obligation consultation:

A bike accident scene shows a blue helmet and bicycle left lying on the road.

Frequently Asked Questions

What Are Bicycle Accident Claims?

Bicycle accident claims are a way for people to seek personal injury compensation. Claims could be made for injuries caused by unsafe road conditions or negligent road users. If your accident happened because another party breached their duty of care to you, you may be entitled to claim compensation for your injuries as well as related financial losses.

You can talk to one of our trained advisors for more information. Otherwise, please keep reading as we discuss cycling accident claims in detail.

Am I Able To Make A Claim For My Injuries?

You may be able to make a bike accident claim if you can show that another party was responsible for the accident in which you were injured. Cycling accident claims must meet the following criteria:

  1. Duty of care: Cyclists are owed a duty of care by other parties, such as road users and those responsible for maintaining public highways. Per this duty of care, road users or other parties should comply with rules and regulations set out in:
      1. The Highway Code and Road Traffic Act 1988: Everyone (including motorists and pedestrians) has a duty to navigate the roads safely so as to avoid injury to one another. They must follow the Highway Code and RTA as part of this duty.
      2. Local authorities: Local authorities or National Highways may be responsible for safely maintaining the roads.
  2. Breach of duty: A road user or authority responsible for maintaining the road failed to uphold their duty of care.
  3. Your injury was caused by the breach: The breach caused your injury, such as soft tissue, head, or spinal injuries.

If your case meets these criteria, you may be eligible to seek compensation. For further guidance, feel free to reach out to a team member today.

What If I Was Partly To Blame For The Accident?

If you were partially to blame for your cycling accident, you may still be able to claim compensation under a split liability agreement. In a split liability claim, how much compensation you are awarded is based on your level of responsibility for an accident. For example:

  • If you are 25% at fault, then you get 75% of the compensation you otherwise would have received had you not contributed to the accident.
  • Likewise, if both parties are 50% responsible, you would be awarded 50% of the compensation.

Can I Claim If I Wasn’t Wearing Protective Gear?

Even if you were not wearing protective gear, you may still be able to make a bicycle accident claim. Under Rule 59 of the Highway Code, cyclists are advised to wear a safety helmet, but it is not a legal requirement to do so.

However, in some instances, the absence of protective gear may be considered contributory negligence. Essentially, that means not wearing such gear made your injuries worse than they might have been.

So, if you sustained head injuries whilst not wearing a helmet, the other party could argue that you contributed towards the severity of your injury. Like a split liability claim, the amount of compensation you are eligible to claim may be reduced to reflect the proportion of blame apportioned to you.

What If The At Fault Party Didn’t Stop, Is Untraceable Or Uninsured?

You may still be able to make a claim even if the driver responsible for your accident failed to stop, can not be traced, or was uninsured. In such cases, your bike accident claim can be made through the Motor Insurers’ Bureau (MIB).

The MIB is an independent body funded by the insurance industry. It provides compensation to victims who have no other way to pursue a claim after an accident caused by an uninsured or untraced driver.

Any bike accident claim made via the MIB must follow their specific processes, requiring evidence of the accident and injury. For example, collisions with an uninsured driver should be reported to the police as soon as possible and copies of police reports submitted with your case.

What If My Accident Was Caused By Poor Road Conditions?

If your cycling accident was caused by poor, unsafe, or defective road conditions, you may be able to make a claim against the authority responsible for maintaining the road.

Under the Highways Act 1980, councils and highway authorities have a legal duty to take reasonable steps to ensure roads are in an adequately safe condition. You must establish that the party responsible didn’t uphold this duty of care. For instance, you could have a valid bicycle accident claim if you suffer multiple fractures because a council failed to make timely repairs to a large pothole on a busy road.

If your accident occurred on privately owned land, then the party in control of the road may have a duty of care under the Occupiers’ Liability Act 1957. Under this act, occupiers like supermarkets must take practical measures to ensure the reasonable safety of all visitors, including those using private roads. They could breach this duty if they fail to use adequate signage or conduct regular safety inspections.

To discuss your specific cycling accident circumstances, feel free to reach out to our team. They can assess your case and walk you through the bicycle accident claims process.

Examples Of Negligence Causing A Cycling Accident

Negligence on the road (including reckless driving, speeding, or driving whilst intoxicated) can result in serious cycling accidents. The following examples of negligence could result in a cyclist accident claim:

  • Reckless driving: A driver repeatedly tries to overtake your bicycle on a narrow road with heavy oncoming traffic. Their aggressive manoeuvring results in a collision, leaving you with a broken leg.
  • Speeding: A speeding motorist is unable to stop in time at a give-way junction and collides with your bicycle, giving you a serious brain injury.
  • Driving under the influence: A drink driver has a side-on collision with your bicycle at a junction, causing severe spinal injuries.
  • Car dooring accident: The driver of a parked car opens their door without using the Dutch-reach method (as highlighted in recent changes to the Highway Code) into the immediate path of your bicycle. Due to the driver’s failure, you are left with a painful wrist injury.
  • Suddenly changing lanes: A motorist suddenly changes lanes without signalling and careers into your bike. The resulting crash gives you a serious arm injury.

Reach out to our team today to discuss your case and learn more about bicycle accident claims.

A rider struck by a car has suffered cycling injuries, including serious fractures.

How Much Bicycle Accident Compensation Could I Get?

If a serious bike accident leads to severe brain damage, it may result in someone being awarded between £344,150 and £493,000 for this injury alone. These suggested figures have been taken from the Judicial College Guidelines (JCG), a resource which a solicitor may use when calculating how much compensation could be awarded for an injury.

However, the above figure only represents one part of a claim, and someone could potentially be awarded millions in combined damages. Bike accident compensation falls into two categories:

  • General damages encompass pain, suffering, and loss of amenity. Compensation considers factors like how your quality of life has been affected and how severe your injuries are.
  • Special damages cover your financial losses. These will be discussed further in the following section.

In our table, we look at compensation brackets for a number of injuries. Please note that our top entry isn’t from the JCG document and is a combination of general and special damages.

InjuriesLevel Of SeverityNotesCompensation
Multiple forms of injury and special damagesSevereMultiple injuries which may be serious or severe and where special damages (such as for domestic care) are included.Up to £1,000,000+
Brain damageVery severeThere will be a need for full-time support and little to no evidence of a meaningful response to their environment.£344,150 to £493,000
ParalysisParaplegiaCompensation can take age, life expectancy, and degree of independence into account.£267,340 to £346,890
Neck injurySevere (i)Can encompass cases such as incomplete paraplegia or spastic quadriparesis that is permanent.In the region of £181,020
Back injurySevere (ii)There may be nerve root damage and loss of sensation.£90,510 to £107,910
Pelvic or hip injuryModerate (i)Significant pelvic or hip injury. There is no major disability.£32,450 to £47,810
Leg injuryLess serious (i) fractures from which an incomplete recovery is made or serious soft tissue injuriesThis bracket can include fractures that impair mobility or leave an individual with a metal implant. £21,920 to £33,880
Chest injury(d) Relatively simple injuriesInjuries such as a single penetrating wound.£15,370 to £21,920
Knee injuryModerate (ii)May result in torn cartilage or a dislocation.Up to £16,770
Shoulder injuryFractured clavicleCompensation may take account of the extent of the fracture.£6,280 to £14,940

Moreover, it must be pointed out that the figures are only illustrative examples. How much compensation your bike accident claim could be awarded will depend on your specific cycling injuries.

Could I Claim For Special Damages?

Your cycling accident compensation claim can reimburse you for financial losses. For instance, you may have been left unable to work or had to pay for expensive medical care. Special damages in a bike accident claim compensate these and other costs, including:

  • Loss of earnings and income.
  • Medical expenses, such as prescriptions.
  • Domestic care costs.
  • Travel costs (getting to and from medical appointments).

However, you will need proof (such as financial statements and pay slips) to include such losses in a valid cycling accident compensation claim. You can contact an advisor to learn more about compensation in bicycle accident claims.

How To Start A Bicycle Accident Claim

Successful bicycle accident claims require a strong body of evidence. This evidence can help to clearly prove the other party’s liability for the accident and your injuries. Key evidence in personal injury claims may include:

  • Accident scene photographs: May show defects or hazards, such as potholes, or detail property damage. Keep in mind that you must use a tape measure or ruler to show a pothole’s width and depth.
  • Injury photographs: Can create a visual record of your cycling injuries.
  • Further photographs or video: Footage capturing the cycling incident taking place or showing damage to your bicycle or helmet.
  • Driver details: These details will include contact information alongside vehicle information, such as model, make, and registration.
  • Medical records: Copies of these can be obtained from the NHS or a private healthcare provider. They may document the injuries sustained, treatments, and the progress of your recovery.
  • Police reports: If one was made, you can request copies of the police report.

Gathering the right evidence is an essential step in being able to prove your cycling accident claim. No matter how your bicycle accident happened, one of our advisors can provide further information on proving a claim and how our solicitors help with collecting evidence.

What Are The Time Limits For Cycling Accident Claims?

Under the Limitation Act 1980, most bicycle accident claims must be started within 3 years of the accident taking place or you becoming aware of the injury. There are exceptions to this, including:

  • Claims for minors: The time limit only begins on their 18th birthday, as they cannot legally start a claim by themselves. Whilst time limits are suspended, an adult (such as a parent or solicitor) may act as a litigation friend to pursue a claim in their stead.
  • Claims for those with reduced mental capacity: Where an individual lacks the mental capacity to act on their own behalf, the limitation period is halted. It may be reinstated if a claimant regains their capacity to take action themselves. As with minors, another person can launch a claim on their behalf as a litigation friend.

To find out whether you have time to start a cycling injury claim, you can get in touch with our team for advice tailored to your situation.

A man holds his head in his hands after a bike accident caused by someone else's negligence.

How Long Until My Bicycle Accident Compensation Is Paid To Me?

How long compensation takes to come through may depend on liability, the severity of your injuries, and negotiations over compensation. In particular, the following factors can be influential:

  • Liability disputes: A claim may take longer if the responsible party denies that they are liable for your bike accident.
  • Injuries: The more extensive your injuries, the longer it may take to fully ascertain their overall impact and get the results of a medical assessment.
  • Compensation negotiations: If parties are unable to agree on compensation, then a claim might take longer to resolve.

Typically, compensation is paid out soon after a settlement figure is agreed upon. In some instances, you could receive an interim payment if the defendant admits their liability before the claim concludes. Such payments can cover urgent costs like mobility aids or medical treatments.

For more information, reach out to an advisor and find out how our expert cycling accident solicitors could help you secure the compensation you deserve.

What Accident Claims Can Do For You

At Accident Claims, we provide dedicated legal support for cycling accident claims. From handling complex paperwork to negotiating settlements, our specialist cycle accident solicitors work hard to let you focus on your recovery.

We work on a No Win No Fee basis, meaning that you won’t face mounting solicitor fees. Our team can gather crucial evidence, organise an independent medical assessment, and support you at every stage of the bike accident claim procedure.

If needed, we can also help with your rehabilitation and securing interim payments. With decades of experience, our team is committed to securing the best possible outcome for your bicycle accident compensation claim.

No Win No Fee Claims

Our solicitors can handle your bicycle accident claim through a Conditional Fee Agreement (CFA), a type of No Win No Fee arrangement. Under a CFA, you won’t need to pay any solicitor fees at the start or as the claim moves forward. Moreover, there will be no fees to pay for your solicitor’s work if you don’t win compensation.

If you do win, then a success fee will be deducted from your compensation. The percentage is limited by law and will be outlined in your CFA. This approach allows you to pursue a claim using expert legal representation without the worry of escalating solicitor fees.

Find out how our team supports bicycle accident claims by:

A solicitor sits at a table with a gavel and toy cars whilst discussing bicycle accident claims.

More Information

We have additional guides that could provide useful insights on making a bicycle accident claim:

Alongside these insights, the following resources can offer practical guidance:

We wish you a speedy recovery and appreciate you reading our guide about bicycle accident claims.