Cyclists are among the most vulnerable of road users. Indeed, of those killed or seriously injured in accidents on Devon and Cornwall’s roads in 2017, 10 per cent of them were cyclists.
Accidents do happen of course, but if you have been injured in a cycling accident in the last three years and someone else was to blame, you may be entitled to compensation, as Martin White, a Partner in the Personal Injury Department at WBW Solicitors, explains.
Who can you claim against?
If you are a cyclist involved in a collision with another vehicle and the accident was not your fault, you can make compensation claim against the driver who hit you. Even if you were partly at fault, you still might be entitled to some compensation – your final package may, however, be reduced depending on how much you were to blame for the accident.
You can also make a claim against a pedestrian who walks out recklessly in front of you, plus those who let their animals escape or allow hazards to fall from the premises they occupy onto the road.
Highway authorities can be held responsible if they have not properly maintained a road or have left dangers unresolved such as fuel spills, potholes, poor surface repairs, protruding drain covers and debris.
You are 15 times more likely to be killed on Britain’s roads if you ride a bike than if you drive a car. If a loved one suffers a fatal injury, a claim can be made on behalf of the cyclist’s estate to provide for family and dependants.
How a solicitor can help
Early legal advice is essential if you’ve been injured in a cycling accident. A specialist personal injury lawyer can guide you through the claim process, helping to gather the evidence you need – such as witness statements, medical reports and scene of accident photographs – to strengthen your claim. They will also refer you to a medical expert who will assess the effect the accident has had on your life.
They can help secure the care and rehabilitation needed to speed up your recovery and will work tirelessly to secure the financial settlements which you are entitled.
The compensation you will receive claim will depend on how serious your injuries are and how they have affected your life, but could include damages for:
- pain and suffering;
- loss of earnings;
- additional medical treatment or rehabilitation;
- out-of-pocket expenses;
- adaptations required to your home; and
- repairs or replacement of your bike and other cycling equipment.
WBW Solicitors has offices in Newton Abbot, Exeter, Torquay, Paignton, Bovey Tracey, Launceston, Honiton, Exmouth and Sidmouth.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published. For all your legal needs, contact WBW Solicitors today.