Although millions of us cycle safely on our roads every day to improve our fitness, to enjoy cheaper and greener transport and sometimes just for fun, riding a bike can be a risky activity.
According to Department for Transport in 2020, 4,215 cyclists were seriously injured in road accidents, 11,938 were slightly injured and 141 were killed. Between 2015 and 2020, 83% of pedal cyclist casualties were male and 17% were female.
Why are cyclists so vulnerable on our roads?
Cyclists are one of the most vulnerable group of road users because:
- Cyclists cannot manoeuvre as quickly as other vehicles so they often cannot avoid accidents
- Cyclists can be difficult to see, especially by larger vehicles like lorries which makes them particularly vulnerable at junctions
- Cyclists are vulnerable to blind spots such as parked cars opening their doors suddenly or pulling out onto the road
- A cyclist’s body (and head if a helmet is not worn) is exposed to impact injuries, without the somewhat protective ‘outer shell’ of a vehicle
Claiming compensation if you are involved in an accident that wasn’t your fault
For cyclists who have been injured on the road because of an accident that wasn’t their fault, help is at hand in the form of personal injury compensation. Our expert personal injury solicitors at Oliver & Co are committed to obtaining justice in the form of compensation for cyclists and other road users. We have helped numerous cyclists claim compensation after being in an accident that wasn’t their fault. Here are Mr F, Mr J and Mr R’s stories:
Mr F’s story:
Our solicitors have recently settled a claim made by a cyclist Mr F for the total sum of £72,000. Our client, Mr F, a keen cyclist, had been out cycling and had been correctly positioned on the road when the driver of an oncoming vehicle without warning attempted to cross the road in front of him. The driver panicked when he saw Mr F on his bike and stopped the car. With insufficient time to avoid the collision, Mr F unfortunately hit the vehicle.
Our client was a very active man and suffered facial injuries and a serious injury to the shoulder, causing nerve damage, which be treated operatively but with substantial risk. Liability was admitted by the driver’s insurers on behalf of the driver at an early stage and therefore we were able to arrange private specialist shoulder rehabilitation for Mr F, funded by the Defendant.
Medical evidence was obtained from a specialised consultant elbow and shoulder surgeon, who in turn recommended examination by a consultant plastic, reconstructive and aesthetic surgeon. They identified a deficiency in Mr F’s serratus (a fan-shaped muscle at the lateral wall of the thorax) which was impacting on the use of his shoulder, for which there were operative and non-operative options, including decompression of the nerve. We also obtained a specialist report of a Plastic Surgeon in relation to the facial injury which recommended camouflage makeup to disguise the scarring for life. These costs were included as part of the claim. Mr F was also able to claim for damage to his bike, helmet and clothing, private treatment, and loss of earnings. The claim was settled prior to surgery and before court proceedings needed to be issued.
Mr J’s story:
We recovered £55,000 for Mr J who came off his bike due to a defect at a railway crossing point. Our client, Mr J had been enjoying a day out on his bike with friends when he attempted to cross the railway line and his bike got caught in a pothole by the track itself. As a result of the accident, Mr J suffered a fractured humerus, a fracture to his shoulder requiring surgery, a right hip fracture and injuries to several fingers. Liability was denied by Network Rail throughout the life of the claim and court proceedings needed to be issued as a result.
Mr J’s fracture to the right hip at the neck of the femur developed into a condition called avascular necrosis which occurs when the bone tissue dies due to a lack of blood supply. This meant he required a hip replacement operation. Mr J also suffered a fracture to his right proximal humus which required surgery and a fracture to his index and little finger.
We obtained specialist medical evidence from an Orthopaedic Surgeon, Psychologist, and Upper Limb Surgeon. Thankfully Mr J’s financial losses were relatively modest, but he did have a future loss claim in relation to the future assistance he needed to help with gardening.
Mr R’s story:
Mr R was on his bicycle when suddenly a car pulled out of a side road colliding with him, knocking him off his bike. The driver of the car then reversed back over Mr R’s bike. Mr R sustained injuries to the whole left side of his body with injury to his shoulder, chest, hand, neck and back.
Our specialist solicitor successfully settled his claim, arranging for him to be examined by an Orthopaedic Surgeon and Psychologist and successfully recovered damages for his injuries, the full cost of his bicycle which needed replacing, full loss of earnings, cost of physiotherapy treatment, cost of his hi-viz jacket and trousers which were damaged, assistance from his family and friends due to his inability to do certain tasks, loss of a Christmas bonus from work and also the loss of promotion as he was unable to be promoted due to his absence from work. The Defendant’s Insurers initially made an offer of £17,041.20 but our solicitor successfully negotiated a higher settlement of £21,500.00. Mr R was extremely pleased with the result.
What can you claim in the event of an accident that wasn’t your fault?
The amount a cyclist can claim for an accident will depend on its exact nature, the extent of the injuries sustained and the impact they have on daily living. As well as compensation for physical injury, it may be possible to claim for damage to the bicycle and other personal property, the loss of use of the bike (particularly if it Is used as a primary means of transport to and from work), loss of earnings, cost of treatment and the psychological trauma caused by the accident.
What should you do if you are involved in an accident?
We know that being involved in a bicycle accident can be very upsetting, and cause life-changing injuries. If you’ve been injured in a cycling accident due to somebody else’s negligence, then our specialists can help you claim compensation. You can get free, helpful advice today by calling one of our solicitors on 01244 312306. There is absolutely no obligation to make a claim.
From the outset, our solicitors will be open and honest with you about your chances of success and the approximate amount of compensation you can hope to achieve. We offer a no win, no fee arrangement to all our clients, so you need not feel concerned about risking your savings in order to pay legal fees.
