To make a successful injury compensation claim, a key factor is establishing liability, meaning determining who was responsible for the accident. While accidents involving animals can complicate this, a compensation claim may still be possible.
The following are examples of when you may be able to claim compensation after a cycling accident caused by an animal:
The owner was negligent
Dog owners and owners of other animals have a legal responsibility to control their animals, particularly in public spaces.
If a dog runs into the road or a path, causing you to swerve or collide, and the owner did not take reasonable precautions to control their pet, you may be able to claim compensation for any resulting injuries.
Negligence could include situations where a dog is off-lead near traffic, not responding to commands, or darting unexpectedly into your path.
Similarly, if a horse is poorly controlled or suddenly enters the road, the owner or handler may be found liable if they did not take appropriate care.
The animal has a history of aggression
In cases where the animal has a known history of aggression or behavioural issues, the owner’s duty of care to prevent accidents increases.
For instance, if a dog has previously shown a tendency to chase moving objects (like bicycles), the owner should take extra precautions, such as keeping the dog on a lead in areas where cyclists are present.
If your solicitor can demonstrate that the owner was aware of these risks and failed to manage the animal responsibly, it strengthens the case for liability.
If the animal was loose or unsupervised
Owners have a duty to prevent their animals from roaming freely.
In cases where an unsupervised dog or other animal wanders onto a road or cycle path, leading to an accident, the owner could be held responsible. This is particularly relevant for livestock or other large animals, as they pose a greater risk to cyclists and other road users if left unsupervised.
Accidents Involving farm animals or wildlife
If you encounter livestock (such as sheep or cows) on a public road or pathway, determining liability becomes more complex.
In some cases, farmers can be held liable if their animals stray from fields or enclosures due to insufficient fencing or barriers. However, incidents involving wild animals like deer are generally seen as unfortunate accidents, with no liable party, as they are not controlled by humans.
Contributory negligence
In some cases, the animal’s owner may argue that you were partially responsible for the accident. This is known as contributory negligence, where the compensation you receive may be reduced if you’re found to share some responsibility. For example:
- If you were cycling at an excessive speed or failed to see a dog owner signaling you to slow down, the court may determine that your actions contributed to the accident.
- If you chose a route with signage warning of dogs or livestock, this could potentially influence the case outcome, as you knowingly assumed some risk by proceeding.
However, contributory negligence does not prevent you from making a claim; it only affects the amount of compensation awarded. A solicitor can help counter such arguments and present evidence supporting your claim.
See also:
Can I claim if I was partly responsible for my accident?
Claiming against the animal owner’s insurance
Personal injury claims often involve identifying and negotiating with the liable party's insurance company. Accidents involving animals are no different, and compensation is typically sought through the animal owner’s insurance, which may cover third-party liability:
Pet insurance
Many pet insurance policies include third-party liability cover, which protects the pet owner against claims if their pet causes injury or damage. This can streamline the process, allowing you to pursue compensation through the owner’s insurance provider.
Home insurance
Some home insurance policies offer third-party liability cover, which could apply to dog-related accidents. This can be relevant if the pet owner doesn’t have specific pet insurance.
Public liability insurance
If the animal involved is livestock or a working animal (such as a guard dog on a commercial property), the owner’s public liability insurance may cover liability for accidents caused by these animals.
Helping you get the compensation you need
Our goal is to ensure that any compensation you receive accurately reflects the full impact of your accident, whether it’s covering medical costs, lost income, or the lasting physical and emotional effects of your injury.
Our team has deep expertise in handling no win, no fee claims involving animal-related cycling accidents, understanding the unique challenges these cases bring. Your solicitor will rigorously assess the circumstances, hold responsible parties accountable, and secure the treatment, support, and compensation you need.
Written by Chris Salmon on 16th October 2024