According to the most recent statistics from the National Travel Survey and Active Lives Survey, around 7.4 million people regularly participated in cycling in England.
It has become an incredibly popular mode of transport, offering a more eco-conscious and cost-effective method of travel.
However, with this rise of cyclists on the roads, the risk of accidents has also risen, with almost 15,000 cycling accidents reported in 2023.
It’s now more important than previously that cyclists involved in road accidents understand their legal rights to ensure they’re fairly treated and compensated.
What should you do immediately after a cycling accident?
If you find yourself involved in a cycling accident on the road, there are steps you can take to protect yourself legally and strengthen any future compensation claims.
Prioritise your wellbeing
If you’ve been injured, you should seek medical assistance immediately and document even minor injuries with your local GP, as these may worsen after the fact.
Collect evidence
Try to gather as much evidence as possible from the time the accident occurred.
This can include photos of the scene, the damaged bicycle, injuries, and the contact details of any witnesses. If possible, detail the insurance information of the other party involved.
Seek legal advice
As soon as possible, consult a specialist cycle accidents solicitor to guide and support you throughout the legal process and ensure you’re fairly compensated.
What are the legal rights of cyclists?
In the UK, cyclists are protected by several laws to ensure their rights are upheld in the wake of an accident.
There are three key pieces of legislation to be aware of should an accident occur:
The right to compensation for injuries: If a cyclist is injured as a result of another road user’s negligence, they have the right to claim compensation for medical costs, rehabilitation, loss of earnings, as well as pain and suffering.
The right to claim for bicycle damage: Cyclists can claim for any damage to their bike and any other personal property affected by the accident. This can include the cost of repair or, if a repair isn’t possible, the replacement of the bike.
Legal protection under road traffic laws: Cyclists also have the same rights and responsibilities as any other road user, whether in a car, on a motorbike, or even on horseback.
Under the current highway code, motorists are required to exercise caution around cyclists to prevent accidents and failure to do so can leave them liable.
What are the different types of cycling accident claims?
Cyclists can pursue various types of accident claims following a road accident.
If a driver fails to follow road safety rules and causes injury to a cyclist, the injured individual can claim compensation against the negligent driver.
This type of claim often arises from the driver not giving way, opening their car door without checking for cyclists or driving recklessly.
Another compensation claim could be pursued for drivers responsible for an accident leaving the scene. This allows cyclists to pursue a claim through the motor insurer bureau for a hit-and-run accident.
In some cases, cyclists may be involved in a road accident as a result of poor road conditions, such as potholes or poorly maintained roads.
In this instance, a claim can be made against the local authority as it is their responsibility to maintain safe road conditions.
How do I make a cycling accident claim?
Making a cycling accident claim may seem daunting, but the process becomes relatively simple once you have contacted a specialist cycle accident lawyer.
An experienced solicitor can guide you through the claims process, supporting you every step of the way and ensuring all the necessary evidence in your case is presented.
As part of this process, you must gather all supporting evidence, including medical records, photographs and videos, witness statements and police reports.
Compensation will then be assessed based on the severity of your injuries, any financial loss as a direct result and emotional distress caused by the accident.
From there, your solicitor will negotiate with the responsible party’s insurer and representatives to ensure you receive the best compensation package possible.
Why work with Wafer Phillips Solicitors for Cycling Accident Claims?
With more than 35 years’ experience handling road traffic accident claims, including cycling accident claims, we are proud to be a trusted name in Liverpool and beyond.
The Wafer Phillips team is on hand to offer tailored legal advice and support to help clients navigate what can feel like a rather complex and often stressful process.
We’re committed to ensuring cyclists involved in these accidents receive fair compensation, which is why we operate on a no-win, no-fee basis, so our clients never have to worry about legal fees if their claim is unsuccessful.
If you would like to learn more about how our friendly team can help you with your cycling accident claim, feel free to visit our Road Traffic Accidents page, or get in touch today by dialling 0151 256 7898 or send an email to enquiries@waferphillips.co.uk
