Cycling Accident Claims

Many negative effects can arise following a cycling accident. Making a compensation claim can help to ‘undo’ as many of these effects as possible.

The compensation you claim will be financial, but claiming can also bring many other benefits. These include:

• Assisting your recovery by getting you treated – After an injury, your first priority will be to recover and get back to normal as soon as possible. Timely treatment can make a big difference. However, NHS waiting times for rehabilitation (such as physiotherapy) could delay your access to much-needed treatment. Paying for it privately yourself may not be possible, or could place a financial burden on you at an already difficult time. However, when you are making a claim, treatment can often be arranged through a medical agency, allowing you to receive treatment and claim those costs from the negligent party’s insurance company.
• Redressing some of the injustice you have suffered – Unfortunately, there is no way to actually ‘undo’ an accident. But if you do not make a claim, the injustice will remain with no measure of recompense at all.
• Easing any financial worries – After an accident, worries about your health are often followed by worries about your income. Many financial losses can arise from an accident, such as damage to your bike and equipment, and lost earnings from time off work. Claiming for repayment of these losses, as well as your injuries themselves, can help to ease money concerns. In certain situations, compensation can be paid whilst a claim is ongoing. These are called ‘interim payments’.

Your injuries will usually form the main part of your claim. A compensation award for your injuries will take into account the pain and suffering they caused and how your life has been affected. This can include physical and psychological effects.

An accident on your bike can easily affect your enjoyment of cycling. Whether this has undermined your hobby or made your commute much more difficult, losing the pleasure from cycling should be accounted for in your claim.

Most personal injury claims will also include other losses besides injuries alone. A cycling accident may cause losses such as: damage to your bike, clothing, and protective gear.

If the accident has caused your loss, then in most cases the loss can be included in your claim. Other common categories of loss include:

• Lost earnings – such as reductions in your normal income or lost bonuses.
• Medical expenses and treatment costs – such as physiotherapy or the costs of crutches or a wheelchair.
• Care and assistance – provided by professionals, friends or family.
• Travel expenses – such as taxi fares or mileage.
• Replacement bike – on a like for like basis, not new for old.

Each claim is different. There will be aspects of your claim which will make it unique from all other cases, even if some circumstances may be similar. At Truth Legal, we recognise this and each claim we handle is treated individually.

From a legal point of view, a personal injury claim requires certain elements to be established in order to be successful. You must prove that:

1. The other party owed you a duty of care and they failed in this duty. Every road-user owes a duty of care other road-users. To prove that the other party failed in their duty, it must be shown that they did not meet the standard of a ‘reasonably competent’ motorist. For example, if you were knocked off your bike by a bus which swerved suddenly into a cycle lane, there is a strong argument the bus driver did not meet the required standard as a reasonably competent driver would not have done this in normal circumstances.
2. Their failure caused your injuries and losses. Your injuries and losses must have occurred as a consequence of their failure. So, to continue the example above, being knocked off your bike by the bus must have caused the injuries and losses for which you are claiming. You cannot claim for unrelated harm.
3. The compensation you are claiming is reasonable. Everything you claim for must be supported with evidence. Medical evidence is used to prove your injuries and then forms the basis for a reasonable valuation. Only losses which have been reasonably incurred and are not excessive can be included.

These requirements may sound difficult to meet. It is true that a lot of work goes into a successful personal injury claim. But with experienced personal injury lawyers acting for you, your chances of success are greatly increased. Truth Legal will make the process as easy as possible for you through expert advice and support.

In general, you have 3 years in which to make a personal injury claim for a cycling accident. This will start from the date of your accident. If this time period expires, and court proceedings have not been started in your claim, you may be prevented from claiming by law. Some exceptions may apply, however.

Whatever your situation, if you believe you may have a claim you should seek legal advice as soon as possible. Contact us right away to discuss this with us.