Though great for your health and the environment, cycling poses several risks of its own. The lack of protection from other drivers and even unsafe road conditions could turn your comfortable bike ride to work into a disastrous accident. Therefore, cycling accident compensation claims are a difficult reality in the UK.
In many cases, these injuries might occur due to the negligence of another party.
For example, say the driver of a car doesn’t check their blind spot and strikes you. You can subsequently sue them for compensation. An improperly paved road that caused you to lose control could mean you have a case against the city.
The difficulty in these cases, and why you should always hire an experienced attorney, is that in most cases the furthest a plaintiff can go with their case of negligence is contributory negligence, which puts both parties to blame for the accident. Not know how to make personal injury claims? Read on.
Can You Claim for Cycling Accident Compensation?
Indeed, you can. Just as you can claim compensation after a driving accident. Or, if a car strikes you as a pedestrian.
So, too, can a person claim compensation as a cyclist. In fact, you’ve mostly the same rights, too. Not a moment too soon, either: there exists significant cycling accident statistics in the UK. In 2018, RoSPA reports 4,106 serious injuries and over 13 thousand slight injuries amongst cyclists.
What are the Complications When Making a Claim?
Even if this is the case, there are some complications. A pedestrian struck on the pavement has no responsibility in the accident. Accordingly, the vehicle that hits them violates the rules of the road.
As cyclists and motorists share the road, however, this can make compensation claims a bit more tricky. This is because the cyclist faces distractions at the time of the accident.
As a cyclist, it’s your responsibility to be attentive at all times. Other elements can also be a distraction when making a compensation claim.
- For example, listening to music on the way to work or;
- Alternatively, taking a drink from your water bottle.
Although this may be true, this does not rule out your ability to win a claim. However, it does increase the likelihood that the amount you receive will be deducted. This is what often happens because these cases are contributorily negligent. In other words, you were partly to blame for the accident. The case is, if you face no distractions, you will be able to stop in time or avoid the accident.
The other complication is that judges, in general, aren’t very familiar with cycling injuries and accidents. That is why hiring a knowledgeable lawyer can help, as they will explain in legal terms the case in a way the judge can understand.
The Issue of Distractions
Contributory negligence does not mean you won’t receive compensation. It just means the total amount they award you is subject to a discount, sometimes by as much as 25%.
However, the exact amount will depend on how complicit the judge believes you were in the accident. The argument holds then that – if you face distractions – you can, therefore, ride away, stop, or otherwise minimise the accident from occurring.
If a driver breaks the law while injuring you (instead of, say, turning lanes without checking their blind spot), then you have a very solid case.
What to Do If You Have Been a Victim to a Cycling Accident
If you have been the victim of a cycling accident that wasn’t your fault, then you will want to:
- Seek Out a Lawyer.
- Seek Out Professional Rehabilitation.
By doing so, you give yourself the best chance of being compensated for a personal injury accident claim.