What can I do about my cycling accident?
Cyclists are among the most vulnerable of road users. They lack the physical protection offered by a car, but the legal protection for cyclists is the same as for any other road user. Despite the range of safety clothing and equipment now available, most cyclists know well the risks they face, particularly at junctions and roundabouts. It is all too common that a cyclist is injured after being hit by another vehicle.
The law is there primarily to protect cyclists. It also provides them with rights – and a route to justice if an accident does happen. But unlike the driver of a car, a cyclist does not usually have an insurance company to call on. So a cyclist needs an expert lawyer to fight their case, not just for injuries, but also for damage to the bike, equipment and clothing. And, remember, it’s not always other vehicles that are the problem - some accidents are caused by a defective road or cycle path surface and by pedestrians.
If I am injured in a cycling accident involving another vehicle, do I have to report it?
Yes, report the incident to the police as soon as possible. Even if the driver accepts fault at the scene or your injury seems very minor.
What details should I get from the driver?
Take a note of the vehicle’s registration number and the driver’s full name, address and insurance details.
What other information should I get?
Obtain contact details for anyone who saw the accident. It’s a good idea to take photos showing the damage to your bike, clothing or equipment.
Can I pursue a claim if I was injured but wasn’t wearing a helmet or hi-vis gear?
Yes. Failure to wear a helmet or high-vis gear does not make the accident your fault. It may result, at most, in a reduction in the amount of compensation you are awarded.
If I am injured on my bike because of a defective road surface, who do I tell?
Report the accident to whoever is responsible for the surface – usually the Local Authority. Or it might be the owner of premises if, say, your accident happens in a car park or the like. It’s important to take photographs of the defect which caused your accident and get contact details for anyone who saw it.
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