Complete Guide On What To Do After A Cycling Accident
By Lewis Cobain. Last Updated 27th March 2023. This guide will look at what to do if you have a cycle accident. There are specific actions you should take following a cycling accident in which you suffered an injury. Even if you do not plan to claim compensation at first, you may change your mind, and you would be entitled to do so. When it comes to claiming, knowing what to do if you have a cycling accident would increase the chance of making a successful claim.
However, you may believe you could be partly responsible for causing the accident. Should this be the case, you should still follow the recommendations as detailed in the sections below. The reason being that even if you were partially liable, you could still be entitled to claim compensation. The amount awarded, however, would reflect your level of liability.
For more information on what to do if you are hit by a car or involved in a cycle accident, you can get in touch with a member of our team on 0800 073 8804. Or you can use our contact form or our live chat service to reach us online.
Alternatively, if you would like to know more about the process of claiming compensation for a cycle accident, please click on the sections below.
Select A Section
- What Is A Biking Accident?
- Why You Should Stop At The Scene Of A Cycle Accident You’re In
- Ensure That You And Other Parties Are Safe
- Seek Treatment For Any Injuries
- Exchange Details With Any Other Road Users Involved
- Collecting Evidence For Your Cycling Accident Claim
- Keep Evidence Of Any Personal Damages And Losses
- Cycle Accident Compensation Claims Calculator
- Special Damages For Cycle Accident Claims
- No Win No Fee Cycle Accident And Injury Claims
- Essential References
A biking accident can involve either a pedal cycle or a motorbike. If you’ve been involved in a motorbike or bicycle crash, then the injuries you sustain can vary. This includes the possibility of (but is not limited to):
- Head injuries – such as concussions or brain damage
- Leg injuries – such as fractures and amputation
- Arm injuries – such as burns or crush injuries
If the incident that caused your injuries was caused by the negligence of another road user, then this can mean you’re eligible to claim compensation. The amount you could receive will depend on various factors such as how severely you are injured and the overall effect on your life.
If you have any questions, please do not hesitate to get in touch. We are available 24/7 to assist you with your claim in any way we can.
The first thing you should do is stop at the scene of the accident. By law as set out by the Road Traffic Act 1988, when a cyclist is involved in an accident with another road user whether a car or other type of vehicle, they must stop at the scene of the incident if anyone is injured and where damage has been caused. The accident must also be reported to the Police which is a legal requirement.
When you are involved in a cycle accident, it is essential that everyone is safe and out of any potential danger. If you feel light-headed, it is best to sit or lie down and to breathe deeply. You may have sustained a more serious injury than you first thought. As such, it is essential that you assess your situation and if necessary, call for medical assistance. Should anyone be injured in the cycle accident, it is a legal requirement to report the incident to the Police.
If you’re wondering what to do if you have a cycle accident once you’ve left the scene of the accident, our next section will give more information on seeking medical attention for your injuries.
Even if you only sustain what you believe to be a minor injury, you should still get checked out by a medical professional. A slight injury may turn into something more serious later. It could even result in a permanent injury if left untreated. Another thing to bear in mind is that having an initial report on the injuries you suffered would strengthen your claim against a responsible party.
Should your injuries be more severe, and require immediate medical treatment, an ambulance should be called. If you are able to take yourself to the A&E of the local hospital, you should get your injuries treated as soon as possible. It would be a mistake to attempt to treat yourself or to take painkillers if you are in pain. Having injuries treated by a medical professional is essential for your health and well-being.
You must never admit you were at fault for a cycle accident. Nor should you apologise to any of the other people involved in the incident. It is best to say as little as possible. You should exchange details and write down the vehicle registration of any cars involved. It is also a good idea to make a note of the make, model, and colour of the vehicle. You should also get the driver’s name, whether they are the registered owner, their address, and their insurance details.
If the cycle accident was caused by someone’s pet, you should try to get an owner’s details.
To find out more about what to do if you have a cycle accident and what kind of evidence needs to be collected to increase the chances of your claim being successful, please read on to the next section.
If you have been injured in a bike accident, you could make a claim. However, you will need to provide the relevant evidence to prove liability and support your cycling accident claim. Some of the evidence you could collect includes:
- Photographs, videos and CCTV footage of the accident.
- Eyewitnesses’ contact details.
- A police incident number (if the accident was reported to the police).
- Medical evidence of your injuries. This could be a copy of your medical records stating your injury and any treatments you needed to receive for it.
- Evidence of any financial losses you suffered. For example, if you had to pay for medical treatments or have your bike repaired, you could potentially receive compensation for these losses. Bank statements, invoices and receipts could all be used as evidence.
Contact our advisors today to receive advice regarding your specific claim. Our advisors are available 24 hours a day to help answer any questions you may have about cycle accident claims.
If your property was damaged in a cycle accident, you may be entitled to special damages which are awarded as a way to compensate you for out of pocket expenses. As such, you must keep all receipts for expenses and other costs you incurred for damage to your bike, accessories, or property.
Having looked at what to do if you have a cycle accident, our next section will go into greater detail on the compensation awards that might be appropriate for your accident. Read on for more information.
How Long Do I Have To Claim For A Cyclist Injury
As outlined in the Limitation Period 1980, you usually have three years from the date of your cycle accident to take action. We would recommend that you bring forward your claim before the time limit expires, or you could risk your claim becoming statute-barred.
The time limit may be suspended under certain circumstances. For example, following an injury to a cyclist who is a minor, the three-year limitation period begins from their 18th birthday. However, a litigation friend can act on their behalf before then, should they not have any conflicting interests with the claimant.
Additionally, the time limit is suspended indefinitely for someone who lacks the mental capacity to bring forward their own claim. Should they ever recover the required mental capacity, the limitation period lasts three years from the date of their recovery. Again, in this situation, a litigation friend may make a claim on their behalf before this point.
If you are thinking about claiming for a cycle accident today, get in touch with Legal Expert for free advice. Our advisors can be contacted 24/7 and may be able to connect you with a specialist cycle accident solicitor.
You may be wondering how much compensation you would receive in a successful cycle accident claim. When calculating the level of compensation an injured party may receive, several things would be taken into account. This includes the following:
- The extent of the injuries sustained and the prognosis
- The out of pocket expenses incurred
As such, without having all the details to hand, it would be hard to put a figure on the amount you could be awarded. However, to give you a general idea, the table below lists the level of compensation awarded for specific injuries. The amounts are based on the Judicial College Guidelines which courts, solicitors, and insurance providers, use when calculating the level of compensation a claimant may be awarded.
Type Of Injury Comments On The Injury Amount
Very Severe Brain Damage These cases will involve little to no meaningful environmental response and language function, double incontinence and the need for care full-time. £282,010 to £403,990
Less severe brain damage The person will have made a significant recovery and can participate in normal social life. However, they may still struggle with their memory and concentration. £15,320 to £43,060
Severe Neck Injury (i) Neck injuries that are associated with incomplete paraplegia or permanent spastic quadriparesis. In the region of £148,330
Moderate Neck Injury (i) Dislocations or fractures that may require spinal fusion and result in immediate severe symptoms. £24,990 to £38,490
Severe Knee Injury (i) Injuries include joint disruption, gross ligamentous damage and the development of osteoarthritis. The injury will cause considerable pain with loss of function. £69,730 to £96,210
Moderate Knee Injury (i) These injuries may result in dislocation and/or torn cartilage, resulting in minor instability, wasting, weakness or future mild disability of another kind. £14,840 to £26,190
Serious Leg Injury (b)(iii) Serious comminuted or compound fractures, or joints/ligament injuries that result in instability and require prolonged treatment. £39,200 to £54,830
Moderate Leg Injury (b)(iv) Injuries could include multiple fractures or severe crush injuries to one leg. How much is awarded will be affected by the extent of treatment undertaken. £27,760 to £39,200
Moderate Back Injury (i) Injuries could include crush or compression fractures of the lumbar vertebrae that cause constant pain and discomfort with a risk of osteoarthritis. £27,760 to £38,780
Minor Back Injury (i) Minor injuries may include strains and sprains as well as other soft tissue injuries that take 2-5 years to recover.
£7,890 to £12,510
You may be able to claim special damages when you file a cycle accident claim. Special damages are awarded to compensate an injured party for any out of pocket expenses they incurred as a result of having been injured. They are, therefore, based on your actual expenditure which means you must hold onto all relevant receipts and documents.
General damages, on the other hand, are awarded to compensate a claimant for the injuries sustained. Courts, solicitors, and insurers use the Judicial College Guidelines to calculate the level of compensation an injured party would be awarded.
The special damages you may be able to include in a cycle accident claim could include the following:
- Any medical expenses that you have to pay for and which the NHS does not cover. This could include physiotherapy, rehabilitation, and other required treatments
- All travel costs connected to injuries suffered. This could include parking expenses, taxi, bus, train expenses and fuel costs if you travel to a medical facility to be treated for the injury you suffered
- Care costs if you need help around the home to carry out normal daily chores
- Home and vehicle adaptations may be essential
- The loss of earnings and/or future earnings
- All other expenditures connected to the cycle injuries you suffered
If you need advice on what expenses can be included in your cycle accident claim, or you’d like to discuss what to do if you have a cycling accident in greater detail, please get in touch with our team today.
If you are concerned about the cost of hiring a solicitor to represent you, it is worth noting that providing your case against a third party is deemed valid, you would be offered No Win No Fee terms by one of our solicitors. Our panel of solicitors are authorised and regulated by the solicitors regulation authority, so you can feel confident that your claim is in safe hands.
Even if you think you could be partially liable for the accident and injuries you suffered, a solicitor may still consider acting on your behalf on a No Win No Fee basis. Should this be the case, and your cycle accident claim is successful, the amount of compensation awarded would reflect the level of liability you are deemed to have had.
No Win No Fee agreements set out the following:
- The terms and conditions of the contract between a solicitor and yourself
- The percentage, known as a ‘success fee’ that would only be payable when you receive cycle accident compensation and the amount is deducted from the money awarded
Should your claim be unsuccessful, you would not have to pay the ‘success fee’ because the solicitor agreed to these terms when representing you on a No Win No Fee basis. You can contact us about this and about what to do if you have a cycling accident.
If you feel you are ready to pursue a cycle accident claim against a third party, please get in touch with one of our advisers today:
- You can contact a member of our team on 0800 073 8804.
- You can also contact us via email at firstname.lastname@example.org
- If you prefer, you can send us a message about your claim online with our contact form or our live chat service.
For more information on the Highway Code, please follow the link provided below:
If you were hit by an uninsured driver, the following link provides information on how to claim compensation:
If you suffered injuries in a cycling accident and would like more information on how much you could receive in compensation, please follow the link below:
For more information regarding No Win No Fee Agreements, please follow the link provided below: