Claiming Compensation After a Cycling Accident with a Car

Cycling accidents on Britain’s roads are unfortunately common, and as cycling popularity continues to rise, so does the number of injuries. In 2023, 14,000 cyclists were injured in the UK, with collisions involving cars making up a significant portion of these accidents.

When a cyclist collides with a car, the cyclist is at a much higher risk of injury, as they have far less protection than drivers. As a result, cyclists are categorised as vulnerable road users in personal injury law.

If you’ve been injured in a collision with a car and the driver is at least partly to blame, you can claim compensation for the physical, emotional, and financial impact of the accident.

Common causes of cycling accidents involving cars

Cyclist-car collisions often occur when driver visibility or awareness of cyclists is compromised. Cyclist are often injured when:

Drivers turn right into the path of an oncoming cyclist

This happens when drivers don’t see cyclists approaching from the opposite direction, potentially due to blind spots, poor visibility, or lack of attention. These accidents often occur at junctions or intersections and can result in severe injuries for the cyclist, who has little time to react.

Drivers turn left into the path of cyclists moving in the same direction

In this scenario, the driver may not see the cyclist travelling alongside on the left, especially if the cyclist is on a cycle path or inside the vehicle’s blind spot. This type of accident is common at junctions where vehicles turn left across cycling lanes. Drivers may overlook cyclists while focusing on other cars, leading to devastating impacts.

Determining liability

To successfully claim compensation, your solicitor will need to establish who is responsible for the accident. In car-cyclist accidents, the driver is often at fault, especially if they failed to yield to the cyclist or neglected the rules of the road rules designed to protect vulnerable road users.

In order to determine liability, solicitors will investigate the driver's actions, asking questions like; Did the driver signal correctly before turning? Were they speeding, distracted, looking at their phone, or driving recklessly?

The investigation will also consider the driver’s and cyclist’s road positioning and the road conditions; Where was the cyclist in relation to the car? Was there a cycle path or lane that the cyclist could have used? Was poor visibility conditions a factor?

Whether the driver and cyclist were breaking the law at the time of the accident will also be taken into account.

What if there was fault on both sides?

In some cases, both the driver and the cyclist may share some responsibility. This situation is known as contributory negligence and although a claim is still possible, shared fault can affect the amount of compensation the cyclist receives.

For instance, if the cyclist was not wearing visible clothing at night, compensation may be reduced by a certain percentage to reflect the cyclist’s own contribution to the accident.

Read more:

Can I claim if I was partly responsible for my accident?

Am I eligible to make a claim?

To be eligible to make a cycling injury claim, your solicitor must prove that another party's negligence or breach of duty led to your injuries. This could involve another road user, a local authority (for potholes and road defects), or even a bike manufacturer in cases of faulty equipment.

In most circumstances (there are exceptions) a claim should be started within three years of the accident date or within three years of discovering injuries linked to the accident.

If you're unsure about eligibility, a specialist solicitor can assess your case based on the specific details of your accident, helping you understand whether you have a strong basis for a claim.

Read more:

Am I eligible to make a cycling injury claim?

How much compensation can I claim?

Compensation is awarded in two categories:

General damages

General damages are awarded for pain, suffering, and loss of enjoyment in life due to the accident. The severity of the injury, as well as its impact on daily life and future prospects, will be assessed when calculating the appropriate level of compensation.

Typical injuries from cycling accidents include fractures, head injuries, and spinal injuries, which can result in long-term physical limitations and chronic pain.

Special damages

Special damages are awarded for your financial losses and costs directly linked to the accident. They can include:

• Costs for medical treatments, including  physiotherapy, and ongoing care.
  Loss of earnings, including future earnings’ lost overtime and compromised career prospects.
• Travel costs and other expenses for travelling to and from medical appointments.
  Bike and equipment repair or replacement, including damaged bike, cycling helmets, equipment and clothing etc.
• Home adaptations for severe injuries requiring accessibility modifications.

With the help of a personal injury solicitor, you can ensure that all potential costs and losses are considered in your claim, providing the financial support you need to recover.

How evidence will be used to supporting your claim

Gathering solid evidence is key to building a robust compensation claim.  While solicitors are used to compiling evidence after some time has passed, the more you can collect immediately after the accident, the stronger your case will be.

If you can you should photograph the accident scene, including the car and bike positions, road markings, and any visible injuries. CCTV, helmet cam or dash cam footage is admissible in court and, if available, can provide clear proof of what happened.

Collecting witness statements will also help, so if possible get the contact details of anyone who saw your accident. If the police attended the scene, ask for a copy of their report which will detail what happened.

Keep records and receipts of all treatments and diagnoses related to your accident. Your solicitor will usually also arrange an independent medical exam to evaluate your injuries.

Read more:

The role of evidence in a successful cycling injury claim

What is the injury claim process?

Navigating the legal process after a cycling accident can be challenging, especially when negotiating with insurance companies that may adopt negotiating strategies that attempt to reduce or dispute your claim. Cycling Injury Legal connects injured cyclists with specialist solicitors who understand the unique aspects of cycling accidents and can manage the claims process on your behalf. 

Making a claim typically involves several key steps. First, during an initial consultation, your solicitor will assess the details of your accident to determine if you have a strong case. They will then assist in gathering evidence, arranging expert medical reports, and establishing liability.

Your solicitor will handle negotiations with the driver’s insurance company to ensure your claim is taken seriously and work toward a fair settlement. If negotiations fail to agree the right level of compensation, they may recommend court proceedings, where they’ll represent you to pursue the maximum compensation possible.

With decades of experience in handling cycling accident cases, Cycling Injury Legal’s solicitor panel is equipped to support cyclists through every stage of the process. From gathering evidence to negotiating with insurers, they offer expertise and guidance to help you obtain the compensation you deserve.

We can help

If you have been injured in a collision with a car, Cycling Injury Legal can help.

Our expert team offers free legal advice, explaining your rights to compensation with no obligation to proceed with a no win, no fee claim. With over 10 years of experience, we’ll fight for the best possible compensation settlement, as well as helping you get the access to the best medical support, including physiotherapy and rehabilitation.

Speak to a solicitor today on 0800 456 1231 without obligation - all advice is free and confidential.