Can I Make a Cycling Road Accident Claim? Your Eligibility And The Process

June 29, 2023, By

In the UK, the rise of cycling as a preferred mode of transport is great for our environment and overall well-being, but as we pedal towards a greener future, we must also navigate the hazards of sharing our roads.

According to the Royal Society for the Prevention of Accidents, over 4,000 cyclists were seriously injured in Great Britain in 2020, with a significant proportion of these incidents involving cars. During such unfortunate circumstances, you may ask if you’re eligible to make a claim and if you are, what is the process – both of which we’ll discuss in this blog.

When a Cycling Accident Occurs – What’s Next?

Each cycling accident is unique, with numerous factors influencing the outcome. For example, accidents involving cyclists and motor vehicles, particularly where a car pulls out unexpectedly in front of a cyclist, form a significant proportion of reported cycling accidents in the UK. These scenarios often arise for various reasons, each of which can be crucial in determining the potential for a successful compensation claim.

One common circumstance involves the failure of the car driver to give way. This can occur at junctions, roundabouts, or any point where traffic routes intersect. Due to distraction, haste, or sheer negligence, drivers may fail to notice the cyclist’s right of way, leading to a collision. If you’re a cyclist caught in such a situation, the law typically falls on your side, enabling you to pursue a compensation claim.

In these situations, the degree to which the driver is negligent or inattentive is a pivotal factor. If it can be shown that the driver breached their duty of care towards you as a cyclist, you may be eligible for compensation.

However, it’s important to note that these cases can be complex, often requiring extensive evidence to prove the driver’s fault. This is where our expertise at Slater Heelis comes into play. We can help collect the necessary evidence, establish the driver’s liability, and work diligently to secure the compensation you deserve (often as part of a no-win, no-fee claim).

Were you wearing a helmet?

In the UK, cyclists are not legally required to wear a helmet, although it’s strongly recommended. A lack of helmet does not prevent you from claiming compensation. It may however affect the compensation awarded if contributory negligence is deemed to be a factor.

A Victim of Hit-and-Run or Uninsured Driver?

All is not lost if you’ve fallen prey to a hit-and-run incident or an uninsured driver. Compensation can still be sought through the Motor Insurers’ Bureau (MIB).

The Claims Process for Cycling Accidents

Navigating the claims process can feel like a daunting challenge. Rest assured, we’re here to help you every step of the way. Here’s a simple breakdown of the process:

  • Consultation – We’ll begin by assessing the merits of your claim in a detailed consultation. This can be by telephone or in person.
  • Investigation – Our team will then gather all necessary evidence, including witness statements, police reports, and medical records, to build a robust case.
  • Negotiation – We’ll handle all negotiations with the other party’s insurance company or legal representatives, striving to secure a fair settlement.
  • Litigation – If necessary, we’ll take your case to court, fervently advocating for your rights and fighting for the compensation you deserve.

Tips for Preventing Cycling Accidents

Accidents can happen at any moment, but there are steps you can take to mitigate your risk of a cycling accident:

  • Be Visible – Wear high-visibility clothing and use lights when cycling in low-light conditions or at night.
  • Follow Road Rules – Familiarise yourself with the UK’s Highway Code and adhere to all traffic regulations.
  • Keep Your Bike in Good Condition – Regular maintenance of your bicycle is essential. Always check your brakes, tyres, gears and lights to ensure they are in proper working order.
  • Stay Alert – Be aware of your surroundings at all times. This includes potential hazards such as parked cars, pedestrians, and road debris. Give yourself enough time to react appropriately.
  • Signal Your Intentions – Use hand signals to inform other road users of your intentions. Clear communication can prevent misunderstandings and potential accidents.

How Slater Heelis Can Help

At Slater Heelis, our approachable experts have a wealth of experience handling cycling accident claims. We’ll guide you through each stage of the process, ensuring that you understand your rights and entitlements.

If you’d like to speak to a member of the team, get in touch at 0330 111 3131, or through our contact form.

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