Cycling accident claims
Cycling is a popular activity in the UK and even more so since the Beijing Olympics which helped to fuel its popularity.
Many people cycle to work, or for sport and fitness reasons. Others do so because they enjoy the sociable aspects as well as the surrounding countryside.
It is undertaken by people of all ages and backgrounds and is considered a healthy and enjoyable activity.
Unfortunately many cyclists are injured or killed on UK roads each year. This number is increasing which is mainly due to the increasing popularity of cycling which has attracted many novice riders onto the roads.
This increase in accidents corresponds to an increase in the number of cycling related compensation claims.
The sad fact is that cyclists are more vulnerable than most other road users and have a greater risk of serious or fatal injury.
Main causes of cycling accidents
Cycling accidents occur as a result of the following:
- Actions of the part of other road users, e.g. motorists
- Spilt liquid, potholes or objects in the road
- Mechanical fault or defective equipment, e.g. bike component
These are the most common factors in a cycling accident.
Cycle helmets
The issue of cycling helmets is a major one in this situation as they are seen as a preventative measure. If you are found to not have been wearing a helmet when you were involved in an accident then this may affect your claim.
Under rules 59 to 82 of the Highway Code; it states that cyclists should wear a helmet and reflective clothing to ensure that they can be seen by other road users.
(Source: www.direct.gov.uk)
The debate about cycling helmets is an ongoing issue with arguments being put forward for and against wearing a cycle helmet.
Your personal injury lawyer or solicitor should be up to date with the current position regarding the courts and the wearing of a cycle helmet and should be able to advise you accordingly.
Effects of a cycling accident
These can be severe, even life threatening in cases. Any cyclist who sustains a serious injury will have to spend time in hospital possibly followed by a lengthy rehabilitation period.
They may require specialist aids, e.g. walking stick during this time or specialist services such as physiotherapy. This recovery period will include trips to a hospital outpatients department, medication and other expenses.
All of this is physically and mentally stressful for you and just as distressing for your partner and/or family. They have the distress of your accident and the subsequent injuries; not to mention any additional stress caused by you having to take time off work, travel to hospital, specialist equipment, nursing care etc.
All of this puts a strain on your finances and may result in hardship.
If you are awarded compensation then this will hopefully cover these costs.
Making a claim for compensation for a cycling accident
There are several factors involved here. There is the injury (or injuries) itself which can range from mild through to severe.
Then there are the costs of any damage to your bicycle and or helmet. If this is extensive then replacements will be needed. This also includes damage to your cycle clothing.
Plus the expenses mentioned above: physiotherapy, trips to hospital, travelling expenses as you are unable to use your bike and loss of earnings.
To pursue a claim for compensation find a personal injury solicitor or lawyer who has expertise in handling cycling related claims such as yours. He or she will have knowledge and experience of the many issues involved in these cases and will advise you each step of the way.
They should handle your claim with sensitivity and an understanding of the impact the accident has had upon you and your family.
If necessary they can liaise with other organisations relevant to your claim such as a rehabilitation agency. Plus they will discuss the issue of cycle helmets and the law with you.
To find out more about the claims process, visit our making a claim for compensation section.
If your cycling accident occurred whilst overseas then visit our cycling accidents abroad claims section. This section contains information about what to do if you are injured on your bike whilst abroad.
Time limit for claiming compensation for a cycling accident
There is a 3 year deadline for personal injury claims which starts from the date of the original accident. This applies to most but not all types of compensation claims so check with your lawyer or solicitor about this.
They will be able to advise you about the deadline for claims for compensation for cycling related injuries.
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