Written by Chris Salmon on 23rd June 2023
Cyclists in the UK are legally required to ride on the road, even if they feel it is safer to cycle on the pavement.
However, if you’ve been injured while cycling on a pavement, there are some circumstances in which you may still be able to make a compensation claim. Here's what you need to know about the law, potential claims, and when compensation may be available.
What does the law say about cycling on pavements?
Cycling on the pavement is prohibited by law. Under Section 72 of the Highways Act 1835, cycling on footpaths or pavements is considered a criminal offence. The Local Government Act 1888 further classifies bicycles, tricycles, and other similar machines as "carriages", reinforcing that they should not be used on pavements.
Even though you may perceive the pavement as safer than the road, the law still applies. Violations can lead to penalties, typically a £30 Fixed Penalty Notice, though fines can go up to £500. More severe cases could result in prosecution for dangerous riding, especially if the cyclist’s actions lead to serious injury or death.
However, the police often use discretion when enforcing this law, particularly with children cycling on pavements for safety reasons.
Can I still claim compensation if I was cycling on the pavement?
In general, to make a compensation claim after a cycling accident, you must prove that another party's negligence caused your injuries. If your accident occurred while cycling on the pavement, this can complicate your claim, but it doesn't necessarily negate your chances of compensation.
For example:
Accidents involving pavement furniture
If you collided with a lamp post, bench, or bus stop while cycling on the pavement, it's unlikely that another party would be held liable. Since cycling on the pavement is illegal, the court would likely find that you were at fault for the accident, and your claim may not succeed.
Accidents caused by vehicles
If a car mounted the pavement and hit you while you were cycling, the driver could still be held liable for your injuries. However, the driver's solicitor or insurance company might argue that the accident wouldn’t have happened if you had been on the road.
In such cases, your solicitor could counter that the outcome may have been the same if you had been pushing your bike on the pavement or even cycling on the road at the same spot.
Each situation is unique, so speaking to a solicitor is crucial to understanding your options.
Contributory negligence
Contributory negligence is a key factor in many personal injury claims, including cycling accidents. This legal principle means that if you, as the injured party, contributed to the accident or your injuries, your compensation may be reduced.
In the context of cycling on pavements, if it is determined that your decision to cycle on the pavement contributed to the accident, this could impact the amount of compensation you’re entitled to. For example, if you were cycling on the pavement and were hit by a car that mounted the kerb, the driver may still be liable, but your compensation could be reduced to reflect your partial responsibility.
The amount of reduction depends on the specifics of the case, and a court would assess how much your actions contributed to the accident. For instance, if you’re found to be 25% responsible, your compensation may be reduced by 25%.
Read more about contributory negligence
When to seek legal advice
A personal injury solicitor can assess the details of your case and determine whether you have grounds to make a claim, even if you were cycling in an area not permitted by law.
A solicitor will also guide you through the process of gathering evidence, building a case, and ensuring that your rights are protected. Given the potential complexity of claims involving cycling on pavements, obtaining a legal opinion is essential.
How we can help
If you’ve been injured while cycling on the pavement, you may still be able to claim no win, no fee compensation.
Our panel of cycling accident solicitors has extensive experience navigating complex cases like these, helping cyclists secure compensation even when liability isn’t straightforward.
We’ll review the details of your case, provide clear guidance on your options, and support you through the claims process. With a focus on securing the best possible outcome, our team ensures that your recovery and financial needs are fully considered every step of the way.