Cycling Accident Claims

Do I have a right to claim?

Cycling Accident Claims 2018-02-28T13:19:08+00:00

Getting knocked off your bike can be a deeply shocking experience. As a cyclist, you are one of the most vulnerable classes of road-users out there. Even if you did everything right, someone else’s careless or dangerous driving could mean you are injured, possibly very seriously. If this has happened to you, then you may be able to make a claim for compensation.

For many people, cycling isn’t just a means of travel, it is a passion. Making a claim for compensation could help get you back on your bike as soon as possible. Rehabilitation and financial redress are often vital to overcoming the injustice you have suffered.

Injuries suffered in a cycling accident can vary. Broken bones, and injuries to limbs are common. However, according to the Royal Society for the Prevention of Accidents, data they have analysed suggests head injuries occur in over 40% of incidents involving cyclists.

Although accidents caused by other road-users are the most common way for a cycling accident to occur, there are other ways in which you can be injured due to someone else’s negligence. These include:

  • Defective safety equipment or parts of your bike. This may involve claiming against the manufacturers.
  • Poorly-maintained road surfaces causing hazards such as potholes or loose surfaces. This would involve making a claim against whoever is responsible for maintaining the road.
  • Spillages. Depending on the circumstances, this may mean claiming against whoever is responsible for maintaining the road, or against the party responsible for the presence of the spillage including the Motor Insurers’ Bureau.

If you have suffered harm due to the fault of others, you are legally and morally entitled to claim compensation for it. Truth Legal can guide you through the process of recovering the compensation you deserve.

At Truth Legal, we pride ourselves on giving clients an ethical and honest service. Trust is a huge consideration when it comes to selecting your legal representatives; without it, your claim may only add to an already distressing situation.

Our team of specialist personal injury solicitors and Legal Executives have the abilities to recover the compensation you deserve. We are based in Harrogate with a presence in York, Manchester, and London. Find out more about our friendly and experienced solicitors.

Switching your cycling accident claim to Truth Legal

If you already have a claim ongoing, you are always entitled to change your legal representatives if you wish. The process is straightforward.

You should seriously consider doing so if your current representatives are not providing you with the service you deserve. Perhaps you no longer have confidence in their abilities to secure you the right amount of compensation? Or you feel your case is not being given the attention and experienced handling it deserves? Do they understand the medical evidence? Whatever the reason, you can switch solicitors whenever you want.

If you have already received a judgment or settlement in your claim, you cannot reopen it with different solicitors. However, if you feel that your legal representatives did not deal with your case properly, you may be able to bring a claim against them for professional negligence.

It is much better to avoid that from happening in the first place, however. If your solicitors or the unqualified paralegals running your case do not understand cycling accident claims, then you should consider switching/changing solicitors.

Funding a personal injury claim can often be a worry, which is why Truth Legal tries to help people on a ‘No Win, No Fee’ basis wherever possible. Where the accident was not your fault, we can usually offer a No Win, No Fee Agreement.

A No Win No Fee Agreement means that, in almost all situations, you will not have to pay our fees if we do not succeed in securing compensation for you.

Upon a successful outcome, often but not always some of our fees are paid by a portion of your compensation award. This is the normal way in which No Win No Fee agreements operate. It is also usual for most of our fees to be paid by the other party or their insurers.

How a claim is funded is always explained in more detail before a claim begins. You can read more about No Win, No Fee Agreements here.

Further information on cycling accident claims

We also offer free initial consultation sessions. These give you time to speak to us about your case without any cost or obligation to proceed further.

If you would like to know more about bringing a claim, or you would like to discuss your circumstances in more detail, please contact us.

Many negative effects can arise following a cycling accident. Making a compensation claim can help to ‘undo’ as many of these effects as possible. Your injuries are likely to be the main harm you have suffered but many consequences, such as effects on your life and other losses, can arise from them.

The compensation you claim will be financial but this can bring with it 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 vital treatment. Paying for it privately yourself may not be possible, or place a financial burden on you at an already difficult time. 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 after an injury, such as being unable to work for some time. 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. Compensation awards for your injuries will take into account the pain and suffering caused and how your life has been affected.

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. This can include physical and psychological effects.

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 as caused your loss, then in most cases it 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 a wheelchair.
  • Care and assistance – provided by 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.

Personal injury law does require certain elements to be established in a successful claim, however. You must prove:

  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. Difficulty can arise in showing that there was a failure. The standard that a motorist must meet to fulfil their duty is that of ‘reasonably competent’ motorist. So if you were knocked off your bike by a bus which swerved into a cycle lane, there is a strong argument they have failed in their duty. They have broken road safety regulations. Something which a reasonably competent motorist would not have done in normal circumstances.
  2. Their failure caused your injuries and losses. 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 specialist solicitors 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. 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 your situation.

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Feel you have a personal injury claim, suffered as a result of clinical negligence or been dismissed unfairly? Whatever your case, we can help.

Truth Legal have been successful in every road traffic accident claim we have handled to date – FACT!