Cycling accidents and Claiming Compensation

With the superb range of sports bikes now available, cyclists can achieve greater speeds but outside the safe environment of the Olympic Velodrome you are at the mercy of cars, busses and heavy goods or agricultural vehicles. Nearly 75 per cent of accidents happen in built-up areas but around half of cyclists' deaths occur on country roads.

Cycling accidents often happen because the rider is not seen until it is too late. Typically, most accidents happen at road junctions or roundabouts where the driver of a vehicle simply does not see the cyclist, but there has also been a growth in the incidence of "road rage" being taken out on a cyclist.

Sadly, over 4,000 cyclists are seriously injured and over 100 deaths occur each year.

Given the high proportion of major head injuries such as skull fractures and brain damage in cycling injuries, particularly in fatal accidents, there is much talk as to whether wearing a cycling helmet should be made compulsory, as it is for motorcyclists. But, some experts suggest that a helmet would only make a difference if the cyclist is travelling at less than 12mph.

At present, in an accident between a motorist and cyclist it is up to the the injured cyclist to prove the negligence of the driver (The UK is one of only 5 countries in the EU with this system). In Scotland however, they are running a campaign - Road Share: Campaign for Strict Liability that would see the motorist in an accident with a cyclist automatically be liable unless they could prove otherwise. The campaign argues that a driver and their car are more powerful on the road than a cyclist and their bike and that this should be recognised.

If you, or a loved one, have had a cycling accident within the last three years which was not your fault, then you should consult our personal injury team. They will be able to advise you on whether you may be entitled to claim compensation for your injuries.

Expert advice is necessary, particularly when serious injuries may require long term care funding, but also because insurers are seeking to place more responsibility on cyclists for their own safety, including arguing whether wearing a helmet would have made any difference to the injuries suffered.

For more information call Paul Finn