Cycling

Cyclists are amongst the most environmentally friendly of road users but, unfortunately, they are amongst the most vulnerable too. Due to this fact the vast majority of us cycle in an incredibly safe and conscientious manner; however, collisions do unfortunately happen - very often due to other road users not driving in a similar manner as we cyclists.

In our experience, the injuries that cyclists can sustain in such collisions can have a profound impact upon their family, work and social lives, due to the inevitable physical and economic consequences.

Ashfords can provide specialist legal advice, guidance and support to help you recover and get back on your bike.

We can offer a free interview to anyone who thinks that they might have a personal injury claim. 

How Ashfords can help

Ashfords has offices all over the South West and has extensive experience in representing clients throughout England and Wales. We can also travel to you in certain circumstances. Ashfords has a Legal Aid Franchise for Personal Injury. Our dedicated team of experts include solicitors who are accredited members of the Solicitors Regulation Authority's Personal Injury Panel.

We at Ashfords are experienced in handling claims arising from road traffic accidents and have noticed an increasing number of accidents involving cyclists. Most of these cases settle successfully  “out of Court”.

If you would like further information on cycling accidents, or advice on any other type of Personal Injury matter, please contact Stephen Walker on 0800 781 6184, or email him on cycleclaims@ashfords.co.uk 

Know your rights

Compensation

The law aims to put you in the position that you would have been in had the accident not occurred. Compensation is divided into two main categories:

General Damages – A lump sum of compensation for the injury. Money cannot really compensate you for your pain and suffering but it is accepted as the next best thing. Awards are based upon the extent of individual suffering compared to previous cases similar to your own. A solicitor will need to arrange for medical evidence to be obtained to prove your injury.

Special Damages – These are your out of pocket expenses and can include the following:

• Medical expenses and cost of treatment;
• Loss of earnings;
• Replacement/repairs to your bike;
• Replacement helmet, clothing, etc; and
• Miscellaneous expenses.

Who pays?

The insurance company of the driver of the vehicle responsible for the accident.  "Third party" insurance (cover against injuring or damaging another person or bicycle) is compulsory in this country.

Hints and Tips

TOP TIP = Mobile phone cameras are a great way of gathering immediate evidence

To prove that someone else was responsible for the collision, you have to find evidence (witnesses, vehicle/bike damage, skid marks) that they drove their vehicle in such a way as to fall below the standard of a reasonable motorist.

What if the other driver does not have insurance, does not stop or cannot be traced?

This is an offence and the police should be contacted. We can advise whether you are able to make a claim against the Motor Insurers Bureau, which is an organisation set up to compensate the victims of negligent, uninsured or untraced drivers. Ashfords can advise you on the procedure.

What you need to do

As a Claimant, you are under a duty to 'mitigate your losses'. This means that any losses arising from the accident, be they financial or personal, are kept to a minimum. Examples include:

• You ensure that any items that are replaced by you, whilst retaining the receipt for inclusion within your claim, are done so on a 'like-for-like' basis, where possible; and
• You seek, and follow, professional medical advice following an accident regarding any symptoms persisting or arising as time goes by.

You also need to ensure the following:

• You retain and provide proof of all accident-related expenses;
• You keep your solicitor updated regarding your accident related matters; and
• You reply swiftly to letters and requests for information from your solicitor.

Funding your claim

The majority of claims are dealt with by Ashfords on a 'no win, no fee' basis. It will be necessary for us to check whether you have legal expenses insurance cover or, in very rare occasions, are eligible for Legal Aid. Ashfords will guide you through this.