Cyclists can be very vulnerable road users and will always suffer most, if involved in a collision. You can claim compensation is, as a cyclist, you were hurt:
- by the negligence or careless actions of another road user;
- by a hazard or defect in the road, such as a pothole; or
- as a result of physical assault (road rage)
Injuries suffered by cyclists can often be serious, even fatal. In those circumstances, you will want to make sure you claim all the compensation you can get.
We are specialists in the more challenging areas.
- What is Contributory Negligence?
Allegations may be made that you were cycling dangerously, did not indicate or were not paying attention. This is called contributory negligence. These arguments, if proved, will reduce the value of your claim significantly and might even lose your case. It can be very upsetting for you and your family, particularly if there are long-term complications from your injuries.
We are not put off by such issues. We will work with the evidence available, to set out the correct version of what happened. We frequently take over cases from other solicitors, who have given up.
- Cycle Helmets
There is no current legal requirement in the UK which requires cyclists to wear a bicycle helmet. Rule 45 of the Highway Code recommends that cyclists should wear helmets that conform to current regulations. The Highway Code does make a very strong recommendation that children should wear helmets when cycling, although again there is no law requiring them to do so. There is no doubt that a cycle helmet can prevent brain injury.
Failure to wear a cycle helmet might reduce the value of your claim significantly. As we are head injury specialists, however, we know that cycle helmets do not always prevent the brain being damaged. This is particularly true if the head was hit at a certain angle or if the collision was high speed. We know the medical and engineering experts to get on board if we need to argue this point.
- Children on Bicycles
Tragically, many children are seriously injured every year on Britain’s roads because they have ridden off the pavement without looking into the path of a car. Parents may assume that there is no claim to be made, even if their child has been seriously injured. That is not necessarily the case. We have succeeded in cases like this, where the accident happened near a school, playground or ice cream van. If the driver could have seen the child riding on the pavement, the driver should have slowed down in anticipation. If you need advice on this please contact us. Cases can be brought many years after the accident happened.