In this guide, we’ll discuss whether a cyclist can claim against a car driver. In some instances, it may be possible for the cyclist to seek road traffic compensation if their potential claim meets the relevant criteria. We will explore these criteria in more detail throughout our guide.
Additionally, we will look at the different ways in which a cyclist could be injured in a car accident and the harm they could sustain.
Furthermore, we’ll also be discussing the steps you can take to make a road traffic accident claim as well as the compensation you could be awarded if it succeeds.
If you’d like to learn more, please continue reading. Alternatively, if you have any questions about personal injury claims, then you can get in touch with our advisors by using the following contact information:
- Call on 020 8050 2736
- Fill out the contact form on our website
- Chat with one of our advisors by using the live chat feature below.
Can a cyclist claim against a driver?
Choose A Section
- Can A Cyclist Claim Against A Driver?
- When Can A Cyclist Claim Against A Motorist?
- What Evidence Do You Need To Make A Cyclist Claim Against A Car Driver?
- Bicycle Accident Claim Payouts – What Could You Receive?
- Why Claim For A Road Accident On A No Win No Fee Basis?
- Learn More About Making A Cyclist Claim Against A Car Driver
Can A Cyclist Claim Against A Driver?
In certain instances, a cyclist could claim against a car driver if it can be demonstrated that negligence occurred. This involves a road user breaching the duty of care they owed and causing another road user physical or psychological harm.
The harm you could sustain as a cyclist can vary depending on the severity of the accident. Examples include:
- Head injury or brain injury
- Shoulder injury
- Arm Injury
- Paralysis resulting from a damaged spinal cord
The nature of these injuries could also vary but can include fractures, lacerations, amputations and scarring. In addition, as a cyclist, you could experience psychological injuries after being injured in a car accident, such as post-traumatic stress disorder (PTSD).
If you are eligible to seek compensation, the settlement you receive can be influenced by different factors relating to your injuries, such as the severity and future prognosis.
To learn whether you could start a road traffic accident claim, get in touch on the number above.
When Can A Cyclist Claim Against A Motorist?
Road users have a duty of care to others using the road. This duty of care is set out in The Road Traffic Act 1988. The Highway Code also establishes guidelines for different road users as well as rules that they must follow, these rules are backed elsewhere in law.
A failure to do so could result in a cyclist, who is considered a vulnerable road user as per Rule 204 of the Highway Code, sustaining harm. For example:
- The driver of a car crashes into a cyclist because they were speeding
- A car driver changes lanes without checking their mirrors, causing them to collide into you.
If you sustained an injury because another road user didn’t uphold the duty of care they owed you, get in touch. An advisor can discuss whether as a cyclist, you could claim against a car driver.
What Evidence Do You Need To Make A Cyclist Claim Against A Car Driver?
As a cyclist, if you claim against a car driver, there are several steps you could do to support your case. For example, you can collect evidence to prove that negligence occurred, such as:
- CCTV footage or dashcam footage
- Photographs of your injury and the accident site
- The contact details of potential witnesses.
You can also choose to hire legal representation. A solicitor can help you gather sufficient evidence and ensure you put forward a full and complete case.
The cycling accident solicitors from our panel may be able to offer their services on a No Win No Fee basis, provided your claim is valid and has a chance of success. Call to find out whether you’re eligible to have them work on your claim.
Is There A Time Limit To Claim For A Road Traffic Accident?
Car accident personal injury claims have a general time limit of three years. This means you typically need to start your claim within three years of the date the accident happened or the date you became aware of negligence. This is outlined in the Limitation Act 1980.
In some cases, exceptions can be made. This can happen if someone lacks the mental capacity to make a claim or the injured person is under the age of eighteen.
To learn more about the exceptions, please get in touch with our team on the number above.
Bicycle Accident Claim Payouts – What Could You Receive?
General damages is one of the heads of claim that can make up your overall settlement total. It seeks to compensate for the pain and suffering caused by your injuries. The physical and psychological affect and the impact on your quality of life will also be considered.
Solicitors can use a document called the Judicial College Guidelines to help them value your injuries. It contains compensation brackets that correspond to different injuries. We have used these figures in the table below.
Please note, the figures in the table are not reflective of what you will receive as several factors will be considered when valuing your injuries.
| 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. |
You could also receive special damages within your settlement. This is the head of claim that compensates for the financial losses incurred due to your injuries. For example:
- Lost income
- Care costs
- Medical expenses
You can keep a record of any monetary losses, such as receipts and payslips, when claiming them back.
To learn how much you could receive in compensation when, as a cyclist, you claim against a car driver successfully, call our team.
Why Claim For A Road Accident On A No Win No Fee Basis?
The solicitors from our panel could offer to represent your claim under a Conditional Fee Agreement. This is a specific kind of No Win No Fee agreement that typically allows you to access your solicitor’s services upfront, while the claim is ongoing or if the claim fails.
Under a CFA, if the claim is a success, your solicitor will ask you to pay a success fee from your compensation. However, this is subject to a legal cap.
To learn if a solicitor from our panel could take your claim on this basis, please contact our team. They can also advise whether, as a cyclist, you could claim against a car driver for any injuries you have sustained due to them breaching the duty of care they owed you.
For more information, please don’t hesitate to:
- Call on 020 8050 2736
- Fill out the contact form on our website
- Chat with one of our advisors by using the live chat feature below.
Learn More About Making A Cyclist Claim Against A Car Driver
For more of our road traffic accident guides:
- 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?
For more external resources:
Thank you for reading our guide discussing the question ‘can a cyclist claim against a car driver?’. If you have any other questions, please get in touch using the details provided above.