There is increasing recognition of the benefits that cycling can bring for health, enjoyment and convenience. With today’s high levels of congestion, rocketing fuel prices and greater awareness of health issues many people are getting on their bikes for work and leisure.
However, cyclists are particularly vulnerable as a class of road users and are frequently injured in road traffic accidents. Injuries can range from minor cuts and bruises to multiple injuries and serious head trauma.
Often accidents occur through no fault of the cyclist. If a cyclist sustains injuries in an accident and there are other parties at fault then the cyclist is in a position to make a claim for compensation.
Issues
When an accident occurs involving a cyclist there are a number of issues that are likely to arise. These may include whether or not the cyclist was wearing a helmet or other protective clothing, the condition of the bicycle (did it have lights on at night for example?), the behaviour of the cyclist, the behaviour of the other parties involved and the existence of any rights of way such as cycle lanes. All of these may affect a claim for compensation.
If an accident was caused by the driver of a motor vehicle then their insurance should cover any claim.
Procedure
If a cyclist is involved in an accident and sustains an injury it is important that they seek professional legal advice at the earliest opportunity. Experienced lawyers understand the process and can ensure that the injured party stands the best chance of pursuing a successful claim.
Initially the party’s lawyers will seek to gather all the relevant evidence relating to the accident, the injuries sustained and any losses that the individual has suffered as a result. This may involve taking witness statements, writing to the injured party’s employers and establishing relevant documentary records. The injured party will also need to see a doctor who will prepare a medical report in respect of their injuries.
Once enough information has been gathered by the injured party’s lawyers they will issue a letter of claim to the person responsible for the accident. In most cases the defendant party will be insured and their insurance company will deal with the claim. In exceptional cases where the claim cannot be settled between the parties, it may need to be pursued in court.
If you would like further information or wish to discuss a potential or current claim following a cycling accident, we have experienced lawyers who can help you. Please contact Sarah Vincent by email svincent@rollingsons.co.uk or by telephone 020 7611 4848.
