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Bicycle Accident Compensation

Similar to motorcyclists, cyclists are considered a ‘high risk’ group of road users, in particular when it comes to road traffic accidents. In 2007, 2,564 cyclists were killed or seriously injured as a result of a road traffic accident, and with the British cycle lane network now stretching to 12,000 miles, it is little wonder that both bicycle accidents and claims for compensation, as a result of these accidents, are on the rise.
The most common causes for bicycle accidents are due to other road users failing to see the cyclist. Each road user has a duty of care to all other motorists; if this is not adhered to and causes and accident, which in this case is not the fault of the cyclist, they could be eligible to claim for compensation. However, this is not always the case and sometimes the blame lies with the cyclist himself/herself. The most common causes for accidents caused by the cyclist themselves are due to traffic light jumping and riding on the pavement.   
Bicycle accidents may also be caused by defects in the roads. Councils also have a duty of care to all road users to ensure that their roads are safe and free of preventable hazards. Thus, if the roads are unsafe, for example, because of pot holes, which consequently cause a cyclist to have an accident, the cyclist may once again be able to claim compensation for any injury caused.  
In order to make a claim for bicycle accident compensation, the cyclist must prove that the other party was negligent and that the injury resulted from this negligence. If a claim is successful, various types of compensation may be awarded. These include:

  • Repairs/replacement to the bicycle 
  • Replacement accessories, for example lights, panniers, etc.
  • Replacement clothing
  • Replacement helmet
  • Loss of earnings if the claimant was forced to take time off work
  • Compensation for your injuries, depending on their seriousness
  • Physiotherapy for the injur(ies)
  • Recovery of fees for missed events
  • Travel costs incurred while the cycle was off the road/the person was unable to ride.

 

 

 

 

 

 

 

 

 

 

 

The claimant is much more likely to receive compensation for their accident if there is clear evidence that the incident was of no fault of their own. Thus photographic evidence, CCTV and witness accounts of the event are all important sources to gather at the scene of the accident when possible. If a person is the victim of a ‘hit and run’ accident, subsequently failing to provide any details of the other party involved, they  could still submit a claim for personal injury compensation under the Motor Insurers Bureau Untraced Driver Agreement.

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Head Office: Tel: 0845 388 8394

Martyn Prowel Solicitors
Hallinans House
22 Newport Road
Cardiff CF24 0TD
Fax: 029 2049 8566