In this guide, we’ll discuss the process of making a road traffic accident claim and looking at who is at fault when a car hits a cyclist.
We’ll be discussing the types of compensation you may be due after making a successful road traffic accident claim and the steps you can take to receive compensation.
Who is at fault when a car hits a cyclist?
As well as this, we’ll explain the different types of evidence that you could use to show that your injury was caused by another road user’s negligence. Furthermore, we will address the advantages of No Win No Fee agreements.
If you’d like to see if you’re eligible to claim or have any questions about personal injury claims, then you can get in touch with our advisors by using the following contact information:
- Call us on 020 8050 2736
- Fill out our call-back form on our website
- Chat with one of our advisors by using our legal advice feature on our website
Choose A Section
- Who Is At Fault When A Car Hits A Cyclist?
- When Can You Make A Cyclist Accident Claim?
- What Compensation Could You Recieve From A Road Accident Claim?
- Potential Evidence When Making A Cyclist Claim Against A Motorist
- What Are The Benefits Of Claiming For A Road Accident On A No Win No Fee Basis?
- Learn More About Who Is At Fault When A Car Hits A Cyclist
Who Is At Fault When A Car Hits A Cyclist?
This guide will discuss what negligence on the road is and how it can lead to an accident in which someone is injured. The Road Traffic Act 1988 outlines the duty of care on the road. Suitable conduct to follow on the road is outlined clearly in The Highway Code. Furthermore, the Highway Code has some guidance that is backed up by law.
All road users owe one another a duty of care. However, this duty of care is not equal. According to the Highway Code, road users with the potential to cause the greatest harm (such as cars, buses and HGVs) also have the greatest responsibility to protect road users who are most at risk.
Due to the many factors that are in place when accidents on the road happen, every accident needs to be looked at on a case-by-case basis. For this reason, we’d recommend speaking with someone on our team for a personalised estimate of the value of your claim.
When Can You Make A Cyclist Accident Claim?
You may be wondering “who is at fault when a car hits a cyclist?”. As car drivers are less vulnerable than cyclists, they have a greater responsibility to safeguard them.
If a driver breaches the duty of care that they owe, this could cause an accident that results in injuries. Examples include:
- A driver swerving into the cycle lane because they are distracted
- A driver pulling into the roundabout without giving way, causing them to knock a cyclist off their bike.
- A driver going through a red light, causing them to collide with a cyclist who is crossing the road at the appropriate crossing. This results in a spinal injury that causes paralysis.
When seeking compensation for an accident that wasn’t your fault, it’s crucial to provide evidence to prove that your accident was caused by third-party negligence. This will be discussed further down in this guide.
What Compensation Could You Recieve From A Road Accident Claim?
General damages are a head of claim that will be awarded in successful claims. Below are some guideline brackets from the Judicial College guidelines; however, these are not guaranteed due to the many factors that must be considered when determining a person’s compensation value.
| Injury | Compensation | Notes |
|---|---|---|
| Brain and Head Injury | £282,010 to £403,990 | (a) Very Severe: There will be little if any evidence of a meaningful response to the environment. There will be a need for full time nursing care. |
| Neck Injuries | In the region of £148,330 | (a) Severe (i): Neck injury often associated with incomplete paraplegia. Despite wearing a collar for years there is still little movement in the neck. |
| Leg Injuries | £104,830 to £137,470 | (iii) Above knee amputation of one leg |
| Arm Injuries | £96,160 to £109,650 | (ii) Below-elbow Amputation- one arm |
| Injuries to the elbow | £39,170 to £54,830 | (a) A Severely Disabling Injury |
| Back Injuries | £38,780 to £69,730 | (a) Severe (iii): Cases of disc lesions or fractures leading to chronic conditions. Despite treatment there's remaining disabilities |
| Shoulder Injuries | £19,200 to £48,030 | (a) Severe: Often associated with neck injuries and involving damage to the brachial plexus |
| Injuries to the Pelvis and Hips | £26,590 to £39,170 | (b) Moderate (i): Significant injury to the hip or pelvis, but any future permanent disability is not major. |
| Hand Injuries | £14,450 to £29,000 | (g) Less serious hand injury: Severe crush injury resulting in significantly impaired function |
| Scarring to other parts of the body | £2,370 to £7,830 | One noticeable scar or several superficial scars on the legs, hands or arms |
You could also be awarded special damages. This can cover financial losses such as loss of earnings or medical costs. Speak with an advisor today to see if you could be entitled to special damages. They can also offer advice on who is at fault when a car hits a cyclist.
Potential Evidence When Making A Cyclist Claim Against A Motorist
In order to make a successful claim, you would need evidence to prove that your injury was caused by negligence.
Below are examples of different types of evidence that could strengthen your personal injury claim:
- CCTV footage of the accident.
- A diary of your treatment and symptoms
- Copies of the records from seeking medical care
- Taking photographs of your injury and the accident site
- Contact details of potential witnesses so a statement can be taken.
If you’re struggling to find evidence to help support your claim, then you may find it useful to use the services of our panel of No Win No Fee solicitors; collecting evidence is one of the aspects of a claim that a lawyer could help with. Call our team today, and if you have a valid case, you could be connected with a No Win No Fee solicitor from our panel.
Is There A Road Traffic Accident Claim Time Limit?
Personal injury claims have a general time limit. This means you usually have 3 years from the date of the accident or the date of knowledge in which to start your claim. This is outlined in the Limitation Act 1980.
In some cases, you may be able to claim outside of this period. For example, if someone lacks the mental capacity to pursue their own claim or is under 18, the time limit can be affected. Speak with our team to see how long you have to start a claim or if you have any questions about who is at fault when a car hits a cyclist.
What Are The Benefits Of Claiming For A Road Accident On A No Win No Fee Basis?
No Win No Fee is a type of Conditional Fee agreement that could benefit you when making a claim. This is because it generally allows you to access the services of a solicitor without making upfront payments. It also means you’ll only usually have to pay your solicitor at the end of a successful claim through a success fee. If your claim isn’t a success, you generally won’t pay them for their services.
You can contact us for free to get a consultation in regard to your personal claim. Providing you have a valid claim, you could be passed on to one of our experienced panel of solicitors.
You can contact us anytime for a free consultation in relation to your claim. Use the below information to talk to one of our advisors:
- Call us on 020 8050 2736
- Fill out our call-back form on our website
- Chat with one of our advisors by using our legal advice feature on our website
Learn More About Who Is At Fault When A Car Hits A Cyclist
If you’d like to learn more about who is at fault when a car hits a cyclist, then you can read some more of our guides below:
- Can I claim for a black ice car accident?
- Hit and run injury claims
- Could I claim compensation after an accident on public transport?
Alternatively, you can follow these external links to learn more
- THINK.gov– Road safety campaign
- Brake.org.uk – Road safety charity
- Statutory Sick Pay (SSP)– Government guidance
Writer Louis Price
Publisher Fern Stewart
