How To Prove A Cycling Accident Claim

By Danielle Griffin. Last Updated 20th March 2023. As one of the most vulnerable road users, cyclists could suffer a range of injuries in a cycle accident. Due to their lack of protection when compared to other motorists, those injuries could be quite significant and may lead to long-term issues. This could cost them money in lost wages, and medical bills, for example.

How to prove a cycle accident claim

How to prove a cycle accident claim

Making a claim for cycling accident compensation may not take away all of the pain and suffering experienced due to your injuries. However, it could help you to recoup any expenses you’ve faced which could help you move forward after a cycling accident.

We at Accident Claims UK could help you begin such a claim. We could also answer any questions you might have about making a claim for a bike accident, including checking your eligibility for free. Our friendly team of advisors are here to help. To get in touch and start your consultation:

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What Is A Cycling Accident Claim?

Cyclists are considered a vulnerable road user group. Before we look at how to prove a cycle accident claim, we should take a look at what could lead to such a claim. Some of the most common causes of cycle accidents could include;

  • Vehicles turning into a cyclist’s path: This could happen if a motorist attempts to overtake a cyclist then slows down to make a turn, cutting into a cyclist’s path.
  • Failure to spot: If a motorist fails to spot a cyclist, they could make a manoeuvre that puts the cyclist in a dangerous position.
  • Failure to judge a cyclist’s speed/ability to move off: This could also cause a cycling accident.
  • Car dooring accident: This could happen when someone opens a car door into the path of a cyclist.

Whatever type of cycling accident you’ve sustained injuries in, if another road user was at fault, and you could prove liability, you could claim bicycle accident compensation for your injuries. You could also include the expenses you incur because of those injuries in a bike accident claim.

Who Is Liable For Your Cycling Accident?

Road users have a legal duty of care to use the roads in a way that reduces the risk of harm to other road users. There are some road users that are considered more vulnerable than others on the road, and one of these is cyclists. 

In January 2022, changes were made to the Highway Code to better protect cyclists. Some of these rules changes included:

  • Cyclists are now advised to use the centre of a lane when it would be dangerous for another vehicle to overtake them. Such places could include narrow sections of roads, the approach to a roundabout, or at junctions. 
  • It is not obligatory for cyclists to use cycle lanes where they are available. Cyclists are told to use their judgement in such cases. 
  • Cyclists can now ride 2 abreast. This is especially the case when a cyclist is accompanying children or less experienced riders or when there is a large group travelling together. 
  • Drivers should allow cyclists to pass traffic when it is moving slowly.
  • When overtaking a cyclist, the driver must give more room (1.5m) to the cyclist.

The changes are designed to reduce the risk of cycle accidents.

How To Prove A Claim For A Cycling Accident

As stated above, drivers owe a duty of care to other road users. It is when this duty is breached and you are injured that you might be eligible for compensation. However, you must have evidence that shows your injuries occurred due to a driver’s breach in duty. In this section, we look at bicycle accident claim tips.

Evidence that might be useful in a claim for a cycle accident includes:

  • Accident footage. For example, from a dashcam or CCTV.
  • Witness contact information. Anyone who saw what happened could provide a statement at a later date.
  • Medical records. In addition to your medical records, you might be asked to attend an independent medical assessment as part of the claiming process. This will help determine the severity of your injuries and what impact they may have on your life.
  • Photographs of the scene. Someone might have taken photographs at the scene that can be submitted.
  • Injury photographs. If your injury caused visible swelling or bruising, you can also submit these.

If you need any free advice about cycle claims, call our advisors. They can help you gather evidence as well as assess whether you are eligible for compensation. If they think you could claim, you could be put in touch with one of our No Win No Fee solicitors.

Cycle Accident Compensation Payouts

Now you know how to prove a cycle accident claim, if you’re considering launching one, you may be unsure as to whether the claims process would be worth it. If this is what you’re wondering, the information below could be useful to you.

How Are Compensation Claims Calculated?

Courts and lawyers don’t use a personal injury claims calculator to work out bicycle accident compensation payouts. Instead, they would look at all the evidence, facts and circumstances of a case when working out how much a claim could be worth.

One piece of vital evidence in personal injury claims is the medical report. You would obtain this by visiting an independent professional for a medical assessment. The assessment would involve the medical expert reviewing your medical notes if appropriate, examining you and asking you questions.

Based on their professional knowledge and the results of the assessment, they would then put together a medical report. This could be used to help value your claim.

The Judicial College Guidelines

We have used a legal publication called the Judicial College Guidelines to give you some insight into compensation amounts personal injury claims. This is a publication that courts and lawyers could use to come to appropriate payout amounts for pain, suffering and loss of amenity caused by injuries.

While these figures are only approximate, we believe this could be useful when making a decision about whether to go ahead with a claim. If your injury isn’t in the table below, please call us. We’ll be happy to discuss other injuries over the phone.

Edit
Injury Type Notes Compensation Bracket (Approx)
Chest injuries (C) Chest and lung damage which lead to some continuing disability. £31,310 to £54,830
Chest injuries (G) Rib fractures/soft tissue damage leading to weeks of serious pain/disability. Up to £3,950
Less severe arm injuries Leading to a significant disability. However, a substantial level of recovery could be achieved. £19,200 to £39,170
Moderate Neck injuries (ii) Wrenching-style injuries/ soft tissue injury and disc lesions causing cervical spondylosis, a serious limitation on movement, permanent/recurring pain. £13,740 to £24,990
Moderate Back injuries (ii) A lot of common back injuries could be compensated for in this bracket. Soft tissue injury that accelerates/exacerbates a previous condition over 5+ years could feature here, as could disturbed ligaments or muscles that cause back ache. £12,510 to £27,760
Moderate Shoulder injuries (C) Soft tissue injuries with symptoms continuing over 2 years. Frozen shoulders persisting for approx. 2 years. £7,890 to £12,770
Minor brain or head injury Compensation would be based on how long recovery took, the severity of the initial injury and any continuing effects such as headaches. Brain damage, if any, would be minimal. £2,210 to £12,770
Fractured clavicle Severity and length of suffering would be assessed. £5,150 to £12,240

What Are Special Damages For Cycle Accident Claims?

When claiming compensation for cycle accidents, you may receive compensation for more than just your pain and suffering. Claiming for special damages could be possible if you have incurred financial expenses because of your injuries. Special damages could include:

  • Travel Costs: If you’ve paid to get to an appointment with your lawyer or to get to medical appointments, you could recover these costs.
  • Medical Costs: Have you paid for prescriptions, or had to pay upfront for physiotherapy or counselling sessions, for example? If you have, you could include these costs as part of your claim.
  • Care Costs: If you’ve needed care at home due to your injuries, you could also include care costs within your claim.
  • Loss Of Income: Some injuries may require you to have time off work to recover. If this happens to you, you could lose out on pay. Loss of earnings claims could include regular overtime and bonuses. In some cases, if you’re unable to return to work, they could also include future loss of income.

How Our No Win No Fee Solicitors Could Help You Prove A Claim For A Cycling Accident

Were you considering whether to get a lawyer to show you how to prove a cycle accident claim? If so, you might be pleased to learn that you could obtain assistance from a personal injury lawyer under a No Win No Fee agreement. This means you’d pay no legal fees upfront, instead opting to pay your lawyer out of your compensation payout.

How Do No Win No Fee Claims Work?

To make a No Win No Fee claim, you’d need to sign an agreement. Your lawyer would send you this document before they start work on your claim, asking you to read and sign it. Within the document would be a success fee, which would usually represent a small proportion of your compensation. It would be legally capped. You would only pay the fee if your claim was successful. Then:

  • Once your solicitor receives your signed agreement, they’ll get started on your claim.
  • They will build a case against the liable party, and negotiate compensation on your behalf.
  • If the liable party disputes or refuses your claim, your personal injury lawyer would help you take your case to the courts.
  • Once your compensation is arranged for you, the lawyer deducts their success fee. The rest of the payout is then meant for your benefit.

As we mentioned, you only pay your lawyer the success fee if they achieve a payout for you. If no compensation is arranged, you don’t pay the success fee.

Speak To An Expert About Your Cycling Accident Claim

Now you know how to claim for a cycling accident, are you now ready to make a claim for compensation? Or, would you like to check your eligibility or ask us any questions about bicycle accident claim tips? Either way, we’re ready and waiting to speak to you about any accident on a bike. You can reach us by:

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Thank you for reading our guide on how to prove a cycling accident claim.

Guide by JJ

Edited by RV

FAQ On Making A Cycling Accident Claim

Can you claim for a bike accident if you weren’t wearing a helmet?

If you weren’t wearing a helmet, you could still be eligible to claim for a bike accident, if someone else caused it by breaching their duty of care towards you. In some cases, with this type of cycling accident claim, your compensation could be reduced, if you are seen to have contributed to your own injuries. 

How can cycle accident solicitors assist with a cycling accident claim?

Cycle accident solicitors could assist with a cycling accident claim in a number of ways. They could help you gather evidence, such as a bike accident report. Plus, they could pull your case together so it is as strong as possible. They could also negotiate on your behalf for a cycling accident compensation settlement. 

If you would like us to provide you with a No Win No Fee cycle accident solicitor to assist with your claim please get in touch with our team. We could assess your eligibility to claim. Then, we could provide you with a solicitor to help you with your case. 

What affects payouts for cycling accident claims?

  • The severity of your injury.
  • It’s impact on your work and your life
  • The financial implications of an injury

All the above would be considered when calculating settlements for cycling accident claims. A fair settlement would put you as much as possible in the position you would have been in had the accident not taken place. If you would like to discuss settlement amounts for cycling accident claims with our team, we would be happy to talk to you. 

Can I claim for a cycle accident if there were no other witnesses?

If there were no other witnesses aside from you and the other person that caused the accident, you may worry about whether you could claim. If so, please speak to our team. We could assess your eligibility to claim and advise you on what evidence could support your claim. There may be CCTV footage available to show what happened, for example.