In this guide, we’ll discuss the process of making a road traffic accident claim and look at the question, “can a cyclist can claim against a car driver?”.
Can a cyclist claim against a car driver?
We’ll be discussing the types of damages you may be awarded when making a successful road traffic accident claim and the steps you can take to strengthen your claim.
As well as this, we’ll explain the different types of evidence that are best used when proving that your injury was caused by third-party negligence. We’ll also look at the duty of care on the roads and how this could be breached.
If you’d like to see if you could begin a claim or have any questions about the process of pursuing compensation, 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
- Can A Cyclist Claim Against A Car Driver?
- When Can A Cyclist Claim Against A Motorist?
- What Evidence Do You Need In A Cyclist Accident Claim?
- Bicycle Accident Claim Payouts – What Could You Recieve?
- Why Claim For A Road Accident On A No Win No Fee Basis?
- Learn More About Whether A Cyclist Can Claim Against A Car Driver
Can A Cyclist Claim Against A Car Driver?
You may be wondering, “can a cyclist can claim against a car driver?”. In certain instances, as a cyclist, you may be able to make a claim against a driver of a car if you can prove that you were injured as a result of their negligence.
Injuries sustained in road traffic accidents can vary in severity. The compensation you receive after making a successful claim will vary largely depending on how serious your injuries are, as well as other circumstances specific to your case.
Furthermore, cyclists are considered vulnerable road users as they do not have the protection of a vehicle. This means that road users that pose a greater risk of harm should take extra care to protect more vulnerable users.
If you’d like to see if you could begin your own road traffic accident claim or want more information on the subject, you can contact our advisors by using the information above.
When Can A Cyclist Claim Against A Motorist?
This section will outline the instances that could lead to a person making a successful road traffic accident claim. Every road user has a duty of care to all others using the road. This duty of care is highlighted in The Road Traffic Act 1988. The Highway Code also helps to establish suitable conduct whilst on the road; some of the rules in the Highway Code are elsewhere found in legislation. Examples that you could use include:
- A driver crashing into you because they were speeding and lost control of the vehicle, causing a neck injury.
- A driver making a turn without indicating, causing them to collide with you. As you fall off your bike, you sustain an arm injury.
- A driver going through a red light, causing them to collide with you as you cross at a toucan crossing. This could cause a head injury and a shoulder injury.
If you have been injured by negligence and are interested in claiming, one of the cycling accident solicitors from our panel could help you. Speak with an advisor today to see if you could be connected with one.
What Evidence Do You Need In A Cyclist Accident Claim
Having evidence to support that your injury was caused by negligence is a crucial part of making a successful personal injury claim.
Below are some types of evidence that can help when making a personal injury claim:
- CCTV or dashcam footage of the accident
- Photographs of your injury and the accident site
- Contact details of witnesses.
You would only be able to claim success if you have sufficient evidence to prove that the accident was caused by negligence. Speak with our team to see if you could be able to make a claim as a cyclist against a car driver.
Is There A Time Limit To Claim For A Road Traffic Accident?
Car accident personal injury claims have a standard time limit. You are generally expected to start your claim within 3 years. This is outlined in the Limitation Act 1980. The three years can either run from the date you were injured or the date you connected your injuries with negligence.
In some cases, this time limit can vary. Speak with a member of our team today to see how long you could have to claim. If the time limit passes, your claim will become statute-barred, and you won’t be able to pursue a settlement.
Bicycle Accident Claim Payouts – What Could You Recieve?
General damages compensation is a head of claim that will always be awarded in successful claims. Below are some examples of general damages compensation, which you may be entitled to after making a successful claim.
Note that these figures are taken from the Judicial College Guidelines, which lawyers use to value claims. However, these figures are not guaranteed due to the many factors that must be considered when determining a claim’s value.
| Injury | Compensation Bracket | Notes |
|---|---|---|
| Paralysis | £324,600 to £403,990 | (a) Quadriplegia. Several factors will influence the award given, such as age and the psychological impact. |
| Brain/Head Injury | £282,010 to £403,990 | (a) Very Severe: There will be a need for full time nursing care. |
| Leg Injuries | £240,790 to £282,010 | (a) Amputations (i) Both legs are lost. |
| Leg Injuries | £54,830 to £87,890 | (b) Severe (ii) Very serious injuries that lead to permanent issues with mobility. |
| Neck Injuries | In the region of £148,330 | (a) Severe (i): Neck injury often associated with incomplete paraplegia. |
| Arm Amputations | Not less than £137,160 | (b) (i) One arm is amputated at the shoulder. |
| Other Arm Injuries | £96,160 to £130,930 | (a) Severe injuries such as a serious brachial plexus injury. Whilst the injury falls short of amputation, it is still extremely serious and leaves the person little better off than if the arm had been amputated. |
| Back Injuries | £38,780 to £69,730 | (a) Severe (iii): Cases of disc lesions or fractures are included in this bracket. |
| Hand Injuries | £96,160 to £109,650 | (c) One hand is totally or effectively lost. |
| Foot Injuries | £169,400 to £201,490 | (a) Both feet are amputated. |
Why Claim For A Road Accident On A No Win No Fee Basis?
You could be offered a kind of No Win No Fee agreement called a Conditional Fee Agreement if you want to work with a lawyer on your claim. With this in place, you won’t usually be asked to pay upfront or ongoing fees in order for your lawyer to work on your case.
If you’re awarded compensation, then you will pay a success fee from your settlement to your lawyer. This is subject to a legal limitation. If you’re not awarded compensation
You can contact us anytime for a free consultation in relation to your claim if you still have questions about whether a cyclist can claim against a car driver. 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 Whether A Cyclist Can Claim Against A Car Driver
If you’d like to learn more about when a cyclist can claim against car drivers, then you can read more of our guides below:
- Compensation amounts for car park accident claims
- How much could I get for a bus accident claim?
- Could I claim compensation after an accident on public transport?
Alternatively, follow these external links below:
Publisher Fern Stewart
Writer Louis Price