Claiming For A Cycle Accident Caused By A Car Changing Lane

Bicycle Accidents Caused By Cars Changing Lanes

cycle accident caused by a car changing lane

Did you sustain injuries in a cycle accident caused by a car changing lane? If so, you may be wondering if you could claim compensation.

Unfortunately, cyclists are one of the most vulnerable groups on the road. Since they have less protection than those in cars or other enclosed vehicles, the injuries they suffer in accidents could be considerably severe. Some could lead you to require time off work to recover, which could also have an impact on your income.

Whatever type of injury you sustain in a cycle accident caused by cars changing lanes, if it was not your fault, you could claim compensation. You could receive compensation not only for the suffering and pain you experience, but to compensate you for loss of income too.

We have designed this guide to give you information on proving liability in a cycle accident claim, and to advise you on how to get started with a claim. If you have any questions or would like to begin a claim right away, we’d be happy to give you further advice and assistance over the phone. You can call our team at any time on 0800 073 8801.

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A Guide To Claiming For A Cycle Accident Caused By A Car Changing Lane

If you suffer injuries in a cycle accident caused by a car changing lane, and the accident was not your fault, you could make a personal injury claim. We have created this guide to help you. We understand that a cyclist could be at fault for a car accident in the UK when changing lanes. However, this guide focuses on incidents where the cyclist is not at fault and offers guidance on how they could start a personal injury claim for compensation.

In the sections below, we answer questions such as:

  • What are the most common causes of bicycle accidents?
  • Do cyclists have right of way over cars?
  • What is a sideswipe accident?
  • In an accident while changing lanes, who is at fault in the UK?
  • Who is at fault if a car hits a bicycle?

We also discuss how compensation could be calculated for victims of a cycle accident caused by a car changing lane and show you how a personal injury solicitor could help with your claim. We hope you find this guide useful. If you have any further questions after reading, or would like to begin a claim, we’d be happy to help you.

What Is A Cycle Accident Caused By A Car Changing Lane?

Cars change lanes for a number of reasons. They may do so when they are changing course or using junctions and roundabouts. When performing such manoeuvres, road users should make sure they do so safely, taking into account other road users around them.

A cycle accident caused by a car changing lanes could happen for a number of reasons. If a vehicle operator isn’t checking their mirrors carefully or is driving at speed, they might not notice a cyclist. Multi-lane junctions and roundabouts could be considered hazardous for cyclists as they are less noticeable than other road users.

However, drivers should always watch out for all road users, including cyclists, and act responsibly, according to The Highway Code, in order not to cause harm to other users. Of course, cyclists must also take care when riding on public roads. Not every cycle accident is another motorist’s fault. Sometimes, a cyclist could cause an accident too.

Long Vehicle Issues

While this guide focuses on cycle accidents caused by cars changing lanes, we should mention that long vehicle operators should take extra care when doing so. If, for example, a cyclist is on their inside when they want to turn, they may not be able to see a cyclist in their mirrors. They may then assume that it is safe to turn, resulting in them hitting the cyclist.

Who Is At Fault In An Accident When Changing Lanes?

The Highway Code contains rules that relate to changing lanes and merging. In rule 134, it recommends that merging, in turn, is a valid driving technique. However, drivers should make such a manoeuvre only when it is safe and appropriate.

Drivers should only merge when traffic is slow. The rule that precedes this, 133, states that drivers should only proceed with lane changes with caution. They should check their mirrors carefully and glance sideways to make sure their manoeuvre does not cause others to change course or speed.

I Had An Accident While Changing Lanes Whose Fault Is It?

If a driver has not taken care to perform a lane change with care, they could be held liable for an accident they cause. Sometimes, drivers may be in a hurry, or keen to assert their position on the road, and this could lead to them not checking the manoeuvre was safe to make.

In other cases, a cyclist could be at fault. If they suddenly change lanes themselves or put themselves in a dangerous position, and an accident happens, they might be at fault themselves.

Working out who was at fault for a lane change accident could be complicated. We could help assess your case to see if you could claim compensation.

Examples Of Fault When Changing Lanes

If you’re looking for examples of who could be at fault for a changing lanes accident involving a cyclist and another motorist, we have laid out some examples below:

  • If a driver that was merging didn’t give way to a cyclist who was in the established lane, causing an accident, the driver could be considered to be at fault.
  • What if a driver was attempting to merge into a lane that was established, and the cyclist was acting dangerously, pulling in front of the driver to assert their place in the lane? In this case, if this causes an accident, the cyclist could be considered to be at fault.
  • If neither road user gave way or acted responsibly and safely, causing an accident, fault could lie with both parties.

Split Liability

If you are in a cycle accident caused by a car changing lane and are seen to be partially at fault, does this mean you can’t claim compensation? This could be a tricky question.

In some cases, you could still claim compensation, but the amount you receive may be lower to reflect your liability. Such claims could be complicated, so you might wish to get some help from an experienced personal injury lawyer. We would be happy to assess your case, and if we feel you could have a valid claim, provide you with a solicitor to help you.

What Do You Do If Someone Swerves Into Your Lane?

If a driver is distracted at the wheel, they could drift or swerve into another lane. Or if they change lanes without checking, they could swerve into another vehicle or a cyclist.

If this happens to you with an oncoming vehicle, you could try and ring your bell or yell, although it might be difficult for the other motorist to hear you. You could also make a visible signal. If possible, you should reduce your speed to avoid a collision.

If the driver suddenly realises they are about to collide with you, they may try and pull the car back to the correct lane. However, if they fail to do this and collide with you despite your efforts, you could be entitled to make a claim.

Common Causes Of Cycle Accidents

There are, as we mentioned, some common ways in which a cycling accident could occur. Common causes could include:

  • Vehicles turning into the path of a cyclist
  • A driver’s failure to see a cyclist when changing lanes
  • Vehicles pulling out of junctions
  • Vehicle users opening doors into a cyclist’s path
  • Poorly maintained roads
  • Reckless drivers
  • A failure to judge distance and speed

According to government statistics, in 2019, there were 100 cyclists killed on UK roads. There were 16,884 cyclist casualties of all severities.

Cycling In The UK

Cycling is quite a popular activity in the UK. According to government statistics, the average number of miles cycled in the UK has increased over time. It was revealed in a report from 2019 that 11% of adults were cycling at least once per week.

Cycling UK reports that the proportion of cyclists on UK roads in 2019 made up just 1% of the total mileage accumulated by all road traffic on our roads. However, these figures only cover public roadways and cycle paths. There are, of course, many other places that it is possible to cycle.

Are more people in the UK cycling?

Since the coronavirus pandemic started, there has been a significant increase in those taking to the road by bicycle. In fact, according to figures collected during the first lockdown, on 11th April 2020, the number of cyclists on the road was up 288%.

According to other reports, bike sales from people working for emergency services rose 200% during the first lockdown too. In some part, this may be due to people becoming nervous about taking public transport once restrictions ended. A report revealed that 49% of those looking to restrict their use of public transport would do so because of concerns about getting ill.

Source: https://www.bbc.co.uk/news/business-52564351

Source: https://www.systra.co.uk/en/newsroom-37/latest-news/article/public-transport-passengers-say-they-could-make-fewer-trips-after-pandemic

What Should You Do If Injured In A Cycle Accident Caused By A Car Changing Lanes?

If you’re wondering ‘What do you do if someone swerves into your lane and hits you?’, here is a guide. Whether you are considering making a claim for a cycle accident caused by a car changing lanes or not, you should:

  • Seek medical attention.
  • Take photographs of the accident scene, the position of any vehicles and your injuries/
  • Take down witness contact details.
  • Write your notes about what happened. You could refer to these later if you need to make a victim statement.
  • Retain proof of any expenses relating to your accident.

How Do I Find Out Who Is At Fault In An Accident When Changing Lanes?

Here at Accident Claims UK, we could provide assistance over the phone. If you sustain injuries in an improper lane change accident, we could assess different car accident scenarios to see who’s at fault according to UK law.

We could also provide a free, no-obligation case check, where we ascertain whether you could be eligible to claim. Finally, if we believe you could claim compensation, we could provide you with an injury solicitor to help you with your claim.

Calculating Compensation For A Cycle Accident Caused By A Car Changing Lane

Personal injury claims are all different. The courts and lawyers must assess the unique facts and circumstances of each case before appropriate compensation settlements are calculated.

As part of your claim, you would need to attend an appointment with an independent medic. They would assess your past medical notes and examine you, asking questions about your injuries. Once your assessment is complete, they would write a report that could be used to evidence your injuries and help to value your claim.

The Judicial College Guidelines

We haven’t used a personal injury claims calculator on this page. Instead, we have chosen to offer you some insight into approximate payout amounts from the Judicial College Guidelines.

Lawyers and courts could use these guidelines when calculating appropriate compensation for a variety of injuries. If you cannot see your injury below, please call our team. We could provide further insight on other injuries over the phone.

Injury typeNotesGuideline Payout Bracket
Severe post-traumatic stress disorderStopping the affected person from working and affecting all aspects of their life permanently.£56,180 - £94,470
Moderate post-traumatic stress disorderThe individual will be largely recovered and have no long-term grossly disabling effects.£7,680 - £21,730
Severe neck injury (i)Injuries could include incomplete paraplegia or permanent spastic quadriparesis.In the region of £139,210
Moderate neck injuries (i)Including severe dislocations or fractures that limit the person’s ability to maintain normal activities. Those causing chronic conditions could be included here.£23,460 - £36,120
Minor neck injuriesIncluding soft tissue injuries that are minor.£4,080 - £7,410
Severe back injuries (i)Where there has been damage to the nerves and spinal cord causing serious consequences.£85,470 - £151,070
Moderate back injuries (i)Including injuries such as crush or compression fractures of lumbar vertebrae causing ongoing pain and a risk of osteoarthritis.£26,050 - £36,390
Minor back injuries (i)Including injuries to the soft tissue, sprains and strains. The injured party would have been expected to recover within 2 to 5 years£7,410 - £11,730
Severe shoulder injuriesWith damage to the brachial plexus. Significantly disabling.£18,020 - £45,070
Moderate shoulder injuriesSuch as frozen shoulder/soft tissue injuries with symptoms lasting around 2 years.£7,410 - £11,980
Minor shoulder injuries (i)Soft tissue injuries could be included here, causing pain. A full recovery would be expected in fewer than 2 years.£4,080 - £7,410

Cycle Accident Special Damages

If you sustain injuries in a cycle accident caused by a car changing lane, you may encounter financial expense because of your injuries. Claiming for pecuniary (financial) expenses caused by injuries could be possible. You could claim special damages for:

  • Care costs. Some injuries are so serious that you cannot wash, dress or feed yourself. You may need someone to come into your home to help you. You could recover the costs of this care as special damages.
  • Income loss. Some injuries necessitate a victim of personal injury taking time off work to convalesce. If you lose out on some or all of your income as a direct result of your injuries, you could claim for these losses.
  • Travel expenses. You could even claim for the costs associated with travelling to hospital appointments or lawyer’s appointments.
  • Medical costs. You could include costs for prescription medicines, or private physiotherapy within your claim, for example.

Proof Of Pecuniary Costs

To claim special damages, you would have to provide evidence. Documents such as payslips, bank statements and bills could provide such evidence. It would be wise to keep them in a safe place, so you are able to provide them to your lawyer at the appropriate time.

No Win No Fee Claims For A Cycle Accident Caused By A Car Changing Lane

If you’re claiming for a cycle accident caused by a car changing lane, you may prefer to do so under No Win No Fee terms. This would allow you to claim without having to pay a personal injury solicitor’s fees upfront. In fact, you would not pay your solicitor the fees until your payout comes through.

How Do No Win No Fee Claims Work?

  1. Your solicitor sends you a No Win No Fee Agreement/Conditional Fee Agreement. Within the document are details of a success fee. The fee is a legally capped amount of your payout. Signing the document means you agree to pay the success fee once the liable party pays your compensation settlement.
  2. You send the signed agreement back, and your personal injury lawyer starts work on your claim. They build your case and negotiate compensation for your claim.
  3. The liable party (or their insurer) pays compensation, and the lawyer deducts the success fee from it. The balance is for your benefit.

What Happens If There Is No Compensation Settlement?

In cases where a lawyer doesn’t secure a payout for you, you won’t pay the success fee. To learn more about No Win No Fee claims, you could take a look at our guide, or speak to our team. We’d be happy to answer any questions you might have.

Start Your Claim

Are you ready to start a claim for a cycle accident caused by a car changing lane? Or did you want further advice on your eligibility? We would be happy to hear from you to answer your questions and provide you with a solicitor to help you fight for the compensation you deserve. All you need to do to get in touch is:

Essential References

Lane Change And Merging Accidents: This guide could help you if you’re wondering who is at fault if someone merges into you in a car. We explain what you may need to know before you make a claim for compensation.

What Happens If You Hit A Cyclist With Your Car: This guide answers questions relating to driveway accidents, where a driver pulls out of a driveway into a cyclist.

Fatal Cycling Accident Claims: If you’ve lost a loved one in a cycling accident, this guide could be useful. It gives guidance on who could claim for a loved one who has been killed in a cycle accident.

The Limitation Act: This piece of legislation states what the personal injury claims time limit could be for a variety of cases.

Rules For Cyclists: This guide explains the rules of the road for cyclists, according to The Highway Code.

Legal Cycling Information: This guide explains what is legal and what is not when it comes to cycling on the road.

Thank you for reading our guide to making a claim following a cycle accident caused by a car changing lane.

Guide by JJ

Edited by RV