Cycling Accident Claims
Cycling offers freedom, fitness, and enjoyment, but it can also expose cyclists to risks on the road.
Whether you’re commuting to work, enjoying a leisurely ride, or training for an event, an accident can occur at any moment, leaving you injured, out of pocket, and unsure of the next steps.
At Bennett Griffin, we specialise in cycling accident claims, offering expert guidance and support to cyclists who have been injured through no fault of their own.
Contact our West Sussex team of solicitors and lawyers today to see how we can help.
What To Do Immediately After A Cycling Accident
It’s likely that you’ll be in shock, and the adrenaline will be rushing through your veins.
The first thing to remember is to get somewhere safe, as you might still be in danger.
It sounds obvious, but if you need medical help, phone an ambulance and get a hospital check-up if your helmet is damaged.
The advantage of this is that it’ll act as a permanent record of the accident, which could be the difference between recovering the cost of a replacement bike or not.
Then, check that your bike is roadworthy.
If the driver seems reasonable, then ask them for their details.
If they’re angry, don’t rile them, but take a picture of their registration plate so you can search for their insurance details. Then, write a description of them on your phone.
If anyone witnessed the accident, get them to write their details in your phone. Independent witnesses will often decide a case in your favour.
Finally, it’s always a good idea to report any accident to the police.
Cycling Injury Claims: Key Legal Rights & Issues
Road users owe others a duty to take care when using the roads.
The changes to the Highway Code in 2022 added further protections for cyclists. There’s now a hierarchy of road users, with those most likely to be injured in a collision at the top.
It doesn’t remove the need for everyone to behave responsibly, but it does mean that road users who can cause the greatest harm bear the biggest responsibility to take care.
The onus is on you as the injured party to prove everything; this is where a good solicitor comes into their own.
Your witness evidence will be crucial in establishing whose fault the crash was.
If the circumstances surrounding the collision are complicated, then evidence can be obtained from an accident reconstruction expert.
If the police turn up, their report might contain good evidence, especially if they’ve closed the road.
Cycling Kit
There is no legal obligation for cyclists to wear helmets like for motorcyclists.
However, if you aren’t wearing one, the insurers will try to argue that your damages should be deducted in light of that decision.
In the legal world, this is called contributory negligence.
These arguments are usually based on the assumption that the Highway Code basically says it’s a good idea. But the Highway Code also says that pedestrians at night should wear fluorescent clothing such as sashes, gilets, and armbands.
Courts are, therefore, very reticent about deducting damages for not wearing a helmet.
However, if you ride at night with no lights, it’s a different story, and you can expect a court to reduce damages for this reason.
What If A Pothole Caused My Cycling Injury?
If you come off because of a pothole, take a picture with something in it, like a multi-tool, to give an idea of the depth.
Then, take a photo of the general area so you can locate where it happened.
If you’re on a new route, you may not remember where you crashed, and you’ll need this info later.
Establishing fault is hard when it comes to crashes caused by potholes.
You need to show that the defect was sufficiently serious but then that the highway authority responsible for the upkeep of the road hasn’t followed their own policies and procedures in repairing the defect.
Contact Our Personal Injury Team
If you or a loved one have been involved in a cycling accident and believe another party was at fault, our Personal Injury Team at Bennett Griffin is here to offer you the dedicated support and legal expertise you need.
Specialising in cycling injury claims, our West Sussex solicitors are committed to guiding you through every step of the claims process, ensuring you understand your rights and options while striving for the compensation you deserve.
Contact our Worthing office on 01903 229999 or our Chichester office on 01243 256370.
Alternatively, email info@bennett-griffin.co.uk.
At Bennett Griffin, we’re more than just your solicitors; we’re your allies in seeking justice for cycling injuries. Contact us today to learn how we can help you with your cycling accident claim.
Cycling Accident Claims: FAQs
What type of insurance do you recommend for cyclists?
We would always recommend that some sort of insurance covers your bike and accessories away from your house. That’s because if you’re partially at fault, you might only be able to recover a percentage of the cost of the damaged items. In addition, you’ll probably have to wait until the end of your case to recover that outlay, and you’ll only be able to claim the current value of your bike, not a shiny new replacement. Claims involving potholes are also difficult to win, so don’t rely on a successful claim to cover the cost of that new bike.
What happens if the accident is my fault?
It’s rare that a cyclist is totally at fault for an accident, but if you hit a pedestrian, you could be faced with a claim. Remember, liability can be split between two parties when it comes to fault, and this is often the case with pedestrians. If you think you were partly at fault, don’t admit anything at the time, and when you get home, write down what happened and sign it. If you have insurance, report it to them immediately. If you don’t and are hit with a claim, don’t bury your head in the sand; contact a solicitor as soon as possible.
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Your Bennett Griffin Team