The starting point is to ask yourself whether the injury was caused by a collision incident that was somebody else’s fault.
At the scene, the other person (who will usually have been a driver) might have tried to blame you. They might have said “it was just an accident – nobody’s fault.” At the time you might have even thought or said the same. You might have been thrown off your bike by a pothole caused by a lack of maintenance.
As a general rule, the law does not accept such things as accidents – injuries only ever happen through carelessness. It is crucial to understand that cyclists are classed as “vulnerable road users” which means that drivers owe cyclists a very high degree of care. That is why the key question is whether the driver really should have done something different and all the circumstances of what happened have to be taken into account in deciding that.
There are numerous instances where you may be eligible to claim for injuries you suffered whilst riding a bike:
Road traffic collision: This is where the cyclist is injured when they’re knocked off their bike by a driver who isn’t paying sufficient attention.
Pedestrians: If, for example, a pedestrian steps into the road and without looking and collides with your bike, then you may have a cycling injury case on your hands.
Poor road conditions: Uneven road surfaces and potholes present a huge hazard to cyclists. There might be a right to claim if you have been unseated as a result of riding over one.
Poor signage : A classic example is where someone unwittingly gets there wheel stuck in a tram line where the route of way round the tram lines not been made clear by adequate sign posting
Faulty equipment: Sometimes the bicycle itself may malfunction due to a faulty chain, brakes or any other equipment failure. If the bike was quite new or had recently been serviced, you might have a right to claim against the person who failed to fix it.
If I wasn’t wearing a cycle helmet can I still claim a personal injury? What if I honestly think I did something wrong too?
Wearing a cycling helmet is not compulsory and if a driver knocks you off your bike when you are not wearing one, it will not allow them to avoid the blame.
If you were not wearing a helmet or maybe did something else which was risky, it might reduce the amount of compensation you are awarded but it will certainly not remove your entitlement altogether. If wearing a helmet would have completely prevented your injury then, as a general rule of thumb, 25% would be deducted from the compensation.
However, if the helmet would have reduced the severity of the injury then 15% would be deducted. But if you didn’t suffer a head injury or if the helmet wouldn’t have made a difference, then no reduction would be made – so you would receive the full amount.
How do I claim?
If you think you might have an eligible bicycle injury claim , do not hesitate to call us for an initial chat at no charge and with no obligation. Thereafter we will:
- Visit you at home, in hospital or wherever is best for you, so we can discuss your injuries, how they happened and what documentation you’ll need to sign
- Make contact with other driver’s insurers within hours of speaking to you, so they know about your potential claim
- Request an early interim payment from the other side to deal with your pressing financial needs
- Arrange immediate rehabilitation and medical treatment with costs claimed back as part of your damages
Have you been involved in a cycling incident? Call our Serious Injury team – if your injury affects your day-to-day life, then it is serious!