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Can I claim compensation for a bike accident?

As more people take to the roads, the risk for cyclists increase. The inclement summer weather leaves greasy roads and where I live giant potholes are appearing the cycling lane. Clearly though, the most dangerous things for cyclists, from a personal injury law point of view, are inattentive vehicle drivers.

The most common type of accidents we see involving cyclists, are caused by vehicle drivers failing to look out for cyclists when turning across a lane of traffic.

Sound familiar?

I have dealt with many claims just like this over my career.  Despite awareness campaigns, this is still a common scenario – cycle lane or no cycle lane.

Will I receive compensation?

Insurers will usually admit liability at an early stage, when their insured driver has turned into the path of a cyclist. Even if liability is denied (which is very rare) there are still good prospects of recovering compensation in those circumstances, whether Court proceedings need to be started or not.

Fortunately, most injuries caused by these types of accident seem to be minor as the front wheel of the bike and the helmet take most of the impact. However, in some cases, cyclists suffer life-changing injuries.

I am acting for one gentleman who was cycling down a busy road in Sheffield. A car driver, travelling in the opposite direction, wanted to turn right. The car driver allowed another vehicle to go past but failed to see the cyclist (despite his wearing a high vis fluorescent outfit). The car driver cut across the cyclist, there was a collision and the cyclist suffered serious injury.

My client suffered multiple fractures including a serious shoulder injury from which he is unlikely to ever fully recover. His helmet was badly damaged, but it most likely saved his life. He was unable to work for 2 months and is still on lighter duties. He is also, understandably, fearful of getting back on his bike, and is likely to need psychological therapy to try and develop strategies to conquer this fear.

All because a car driver did not take the time to properly look when turning.

Tips if this happens to you

Generally, cyclists will not have insurance, so it is important to keep records relating to the damage to your bicycle, clothing and equipment so these can be recovered from the vehicle insurers. Our advice is to take photos of the damage and keep receipts for all replacement items and repair quotes. If you get your bike repaired, keep all the repair documentation as this will be vital evidence needed to recover the costs.

If you can, it is also a good idea to draw a diagram of the accident whilst it is still fresh in your mind and take pictures of the area on your mobile phone. Most people will not think to do this at the time of the accident, but if you are physically able to, then it is a good idea. You may even have camera footage or record your ride on Strava.

Where possible cyclists should note the insurance details of the vehicle driver, or at the very least their number plate. Witnesses to accidents are invaluable in road traffic accidents, so try your best to obtain contact details of any people who saw the incident or who maybe stopped to help you, to then pass on to your solicitors.

If you have been involved in an accident and would like to discuss any aspect of a claim for compensation please call one of our experts on 0121 752 2818 or email info@personalinjurylawyerbirmingham.org

By: John Green
Title: Can I claim compensation for a bike accident?
Sourced From: www.tayloremmet.co.uk/blog/wordpress/compensation-for-bike-accident/
Published Date: Fri, 10 Jul 2020 13:32:06 +0000