Cycling Accident Solicitors

Technically, there aren’t any hard and fast rules as to what evidence you will need in order to make a claim. However, there is certain evidence that you should keep or try to secure if you wish to pursue a compensation claim for a cycling accident. This evidence can help to strengthen your case, and it will also help us to get you the compensation you deserve.

For a damaged bicycle, you should provide:

• Photographs of the damage to the bicycle

• Detailed information about what parts of your bike have been damaged

• An estimate from a cycling shop on how much repairs will cost

• Any decent bicycle repair shop should be able to give you a comprehensive assessment and quote for making the repairs to your bike. This will be vitally important when making the claim.

• If any cycling accessories (for example helmets, clothing, equipment) have been damaged in the accident, we’ll need cost estimates for these as well together with photographic evidence of the damage.

We’d also encourage you to keep any receipts for other ‘out-of-pocket’ expenses incurred as a result of the accident.

Additionally, for every claim, we would need to obtain a medical report to detail the injuries that have been sustained and the long term prognosis This report will also form part of the evidence in order to make a compensation claim.

Wearing a helmet is not a legal requirement in the UK but The Highway Code suggests that all cyclists should wear a safe and well-fitting helmet regardless of the law. If you are involved in a cycling accident whilst not wearing a helmet, you can still claim for compensation. However, it could be taken into account when looking at how much compensation you may be entitled to. This very much depends on whether wearing a helmet would have prevented or reduced the severity of the injury that you suffered. For instance, if you suffer a broken leg, the fact that you were not wearing a helmet would not be relevant to the injury.

It is a legal requirement to have lights and reflectors on your bike. You must have front white and rear red lights which are switched on when it’s dark. You also need a red rear reflector and if the bike was made after the 1 October 1985, it must also have amber pedal reflectors.

If you do not have the correct lights and reflectors it can reduce the visibility of your bike in the dark or in poor weather. If your accident occurs at night or in low visibility conditions and you did not have your lights on, then this might reduce the amount of compensation that you receive, it depends on the facts in your particular case. In these circumstances, it’s always worth speaking to an expert in cycling accident claims.

Lights and reflectors are the legal requirement that you need on your bicycle to ensure that you are visible at night or in low light conditions. Hi-visibility clothing is not a legal requirement but is it certainly very useful in making you more visible to other road users. If you have the required lighting on your bike, the fact that you are not wearing hi-visibility should not typically affect your compensation as your lights/reflectors should make you visible to a motorist who is driving with reasonable care. However, the more you do to make yourself seen by other road users the better as this might help to prevent you being injured.

Helmet camera footage and dash cam footage can be very valuable in proving how your accident happened. When responsibility for an accident is disputed, having clear recorded footage of the actual accident is invaluable. Camera footage is also helpful when no one else is involved in your accident. If you come off your bike and are injured due to defects in the road surface, such as potholes, you might be the only witness to your own accident. Helmet camera footage in this case could mean the difference between responsibility being admitted for your injuries or denied.

The National Dash Cam Safety Portal (NDSP) was set up in July 2018 in response to the increasing use of footage by members of the public. The aim is to reduce road accidents and make UK roads safer. You can submit any type of footage, if it relates to the case that you are submitting it for. It enables you to upload your footage directly to the local police service where your accident happened. You can find out more about this service and submit your footage here: https://www.nextbase.com/dashcamportal

In these circumstances, if the driver was at fault, you may be able to seek compensation under a specialist insurance scheme operated by the Motor Insurers Bureau (MIB).

To claim compensation from the council you need to prove your accident happened due to the council’s negligence.

A pothole on a road is considered unsafe when it has a depth of more than 40mm. In areas where there are more vulnerable road users (like near schools and care homes) there should be a higher standard of maintenance. This means you may be able to claim regardless of the measurement.

In cases involving potholes, it’s particularly important to make your claim as soon as possible after your accident as repair work is often undertaken on the pothole after an accident is reported.

It is very helpful to take photographs of the pothole showing its size and depth and take a photograph showing the exact location of where the injury took place. Take measurements of the pothole (if it’s safe to do so) and ideally get the details of any witnesses of your accident. It can also be helpful to get the details of local residents who are aware of the pothole. It helps if they can say how long it had been there before the accident and if anyone reported it or if any other accidents had be caused by it.

Our aim is to get you back to the position that you were in before your accident or as close to it as we can. In the early stages of your claim, we’ll identify any rehabilitation needs that you may have. We recognise, and so do many insurers, that early intervention with good quality rehabilitation can dramatically improve your long-term recovery.

We can arrange for private physiotherapy, counselling, surgery, occupational therapy and even adaptations to your home or vehicle to make life easier. Many insurers are now keen to work with injury lawyers and fund rehabilitation early on to help you get life as back to normal as possible as soon as possible.