If you’ve been involved in an accident and believe a cyclist was at fault, you may be wondering whether you can claim compensation. A bike accident may result in more serious injuries to the cyclist than anyone else involved. Nevertheless, whether you were the driver of a car, a passenger or another person involved in the collision, you may be able to seek compensation if the accident was not your fault.

You may be dealing with an injury, damage to your vehicle and unexpected financial losses. You may be wondering whether you can claim compensation, who pays and what the accident circumstances mean for your legal position.

In this guide, the personal injury solicitors at Switalskis explain what happens if a cyclist causes an accident, when a cyclist claim may be possible against the cyclist, and what steps to take if you’ve suffered injuries or losses after being involved in a collision.

Can a cyclist be at fault for an accident?

Although cyclists are often seen as vulnerable road users, they still have a responsibility to act safely. They must follow the Highway Code and use the roads with reasonable care, just like drivers and other road users. If a cyclist fails to follow the rules of the road and this leads to a collision, they may be legally responsible for what happened.

A cyclist may be at fault if they:

• Ignore traffic lights or road signs
• Turn without looking
• Ride unpredictably
• Fail to give way
• Use defective equipment
• Ride dangerously on the road surface

For example, a cyclist may pull out into traffic without checking properly, move through a red light or swerve suddenly into the path of a vehicle. In situations like these, the cyclist’s actions may amount to negligence if they cause a collision with a car, pedestrian or another cyclist.

Cycling does not remove a person’s legal responsibilities. If a cyclist injured someone because they failed to take proper care, liability may rest with them.

The outcome will always depend on the accident circumstances. In some cycling accident claims, the cyclist is fully at fault. In others, both parties may share responsibility. In either case, you may be able to claim compensation, but it is important to look closely at how the accident happened and what evidence is available to determine your likelihood of a successful claim.

Can a driver or passenger claim compensation?

If you were involved in a collision because a cyclist acted negligently, and you suffered injuries or financial losses as a result, you may be able to make a personal injury claim.

This could apply if:

• A cyclist hit your car
• A cyclist caused you to brake or swerve
• You were a passenger injured in the accident
• You were another road user involved in the collision

If the accident happened because the cyclist failed to follow the rules of the road, a compensation claim will allow you to recover your losses and move forward with your life.

What if the cyclist was injured too?

It is not uncommon for both parties to be injured in a cycling accident. The fact that a cyclist has also suffered injuries does not prevent you from bringing a claim.

In these situations, each party’s claim is considered on its own merits, and liability will be assessed based on the available evidence. It is possible for one party to be found fully responsible, or for responsibility to be shared between both parties, depending on how the accident occurred.

If the cyclist does bring a claim, this will be handled alongside your own, with both sides relying on evidence such as witness statements, CCTV or dashcam footage, and medical records to establish what happened.

If the cyclist’s position is that you caused the accident, but you believe the cyclist was responsible, we strongly advise you to contact the team at Switalskis as soon as possible. We will respond properly to any allegations, ensure the accident circumstances are investigated fully and support your case with the strongest possible body of evidence. 

What if both parties were partly at fault?

Every accident is different, and fault can sometimes fall on more than one party. For example, a cyclist may pull out into the road without checking properly when the driver was travelling too quickly for the conditions. If an accident occurred because a cyclist ignored a road sign, but was made worse because the driver failed to keep a proper lookout at a junction, responsibility may be shared.

This is known as contributory negligence. It means both parties may have played a part in causing the collision. If contributory negligence applies, you may still be able to claim compensation. However, the amount you receive may be reduced to reflect your share of the blame.

For example, if you are found to be 25% responsible for the accident, your compensation claim may be reduced by 25%. So, if your claim was worth £10,000, you would receive £7,500.

Contributory negligence can apply where:

• Both parties were not paying enough attention
• The cyclist broke the Highway Code, but the driver could have reacted sooner
• The circumstances of the accident were caused by negligence on both sides.
• Visibility, weather or road conditions made the collision harder to avoid
• One party acted carelessly, but the other also failed to take steps to reduce the risk of an accident

Evidence like CCTV footage, dashcam recordings, witness evidence, vehicle damage, the road layout and the timing of each person’s actions can all play a part in a case for how responsibility should be shared.

This is one reason why expert advice from a solicitor with expertise in road traffic accidents is so important after a bike accident. Our team will look closely at the accident circumstances, explain whether contributory negligence is likely to apply and work on your behalf to build the strongest possible case.

Who pays compensation if a cyclist causes an accident?

Unlike drivers, cyclists are not generally required to have insurance before using the road. This can make claims less straightforward, but it does not mean there is no route to compensation, and it is something we deal with regularly.

Our first step is to determine whether a negligent cyclist has any applicable insurance policies from which you could claim. Some cyclists have cover through:

• Home insurance
• Cycling organisations
• Specialist insurance policies
• Membership schemes, such as Cycling UK

However, even where no insurance is in place, there may still be options available depending on the circumstances of the accident, including pursuing a claim directly against the individual responsible. The most appropriate route will depend on the facts of the case.

If you have been involved in a collision and are unsure how compensation would be recovered, our specialist solicitors can review the situation, explain the options clearly and help you decide on the best course of action.

How much compensation could you receive?

The amount of compensation you can claim depends on the injuries you suffered and the effect the accident has had on your life.

There is no fixed amount for a claim involving a cyclist. Two people can be involved in similar accidents and receive very different amounts of compensation. That is because the value of a claim is not just based on the accident itself. It also depends on the physical, emotional and financial impact it has had.

The amount is likely to be higher if:

• The injuries are more serious
• Symptoms are ongoing
• Further treatment or rehabilitation is required
• There has been a loss of income
• Assistance is needed with daily life
• Treatment or replacement costs have been incurred

For example, a brain injury will often lead to a higher award because of the effect it can have on every part of a person’s life.

Compensation is usually made up of two parts:

• General damages, which cover your injuries and their effect.
• Special damages, which cover financial losses such as lost income, treatment costs, travel expenses and replacement costs.

Whether you can claim compensation, and how much that claim may be worth, will always depend on the circumstances of the accident and the effect it has had on your life. When you speak to our solicitors, we will assess the evidence properly, look at your injuries, and the financial impact of the collision as a whole. This will allow us to get a full understanding of the situation and make sure that all the harm and losses you experienced are accounted for in the compensation. 

What evidence do you need?

If you were involved in a collision with a cyclist, the strength of any claim will depend on the evidence. That is why it is important to act quickly once the immediate shock has passed.

If you are able to, seek medical attention as soon as possible. Even if everything seems fine after the accident, it is still worth getting checked over. Some injuries do not appear straight away, and medical records can be an important part of showing how the accident has affected you.

You should also try to gather as much information as you can from the scene. This may include:

• Photographs of the accident scene
• Contact details for the cyclist and any witnesses
• Damage to your vehicle or bike
• Insurance details, if these are available
• The registration number of any other vehicle involved
• Notes about how the accident happened, weather conditions and any other factors that may have played a part in the events taking place.

Your solicitor will be able to use this information to gather a strong case and bring together further witness statements. It is also important to keep records after the collision. Receipts, invoices and other documents will be used to show the financial impact of the accident. This may include treatment costs, travel expenses, lost income or replacement costs.

Speak to Switalskis

If you were involved in a cycling accident and believe the cyclist was at fault, we’re here to help.

Our specialist solicitors can explain your rights, assess the strength of your claim and help you understand what happens next.

Call Switalskis on 0800 138 0458 or contact us through the website to arrange a free, no obligation consultation.