Foreign roads can be dangerous for holidaying cyclists, and even experienced riders can be caught out by differences in regulations and driving culture abroad.
As with cycling accidents on UK roads, however, if you have been injured as the result of a foreign road user's negligence, you may be able to make a claim.
Medical treatment for cycling accidents outside the UK
Before you travel, if you are cycling in Europe, you should obtain a European Health Insurance Card (EHIC). The EHIC covers the cost of medically necessary treatment for Britons travelling in those parts of Europe covered by the EHIC.
If you have been injured while travelling without an EHIC, or outside of Europe, and the full cost of your treatment is not covered by insurance, your medical bills may be costly. An injury claim may be able to cover these treatment costs.
Cycling tours abroad
If you have been injured while on a cycling tour, you may be able to claim under the Package Travel, Package Holidays and Package Tours Regulations 1992. These regulations enable holidaymakers on a package tour to make a claim against the tour operator, through the courts of England and Wales.
What if I was injured in an accident due to dangerous or unfamiliar road conditions
Cyclists have the right to expect that the roads they travel on are reasonably safe. However, accidents can and do occur due to hazardous or unfamiliar road conditions, especially in areas where cycling infrastructure is limited. If you are injured in such an accident, liability may depend on whether another party - such as a local authority, landowner, or even another road user - failed in their duty of care.
For example, local councils have a legal obligation to maintain roads to a safe standard. If a pothole, poorly maintained cycle lane, or sudden road defect causes an accident, you may have grounds for a compensation claim. Similarly, if a driver fails to accommodate cyclists appropriately - particularly on narrow or high-risk roads - they may be held liable for any resulting injuries.
Cornwall is a prime example of an area where unusual and challenging road conditions increase cycling risks. Its narrow lanes, high hedgerows, and blind corners create visibility issues, making it more difficult for cyclists and motorists to anticipate hazards. Additionally, the region’s rural nature means many roads lack designated cycling lanes, further heightening the risk of accidents.
As a tourist, you may be unfamiliar with these conditions, making it even more important to plan ahead. Checking for safe local cycling routes before setting out can help reduce the risk of an accident. A good resource for this is the cycling routes near Carbis Bay, which provide well-mapped trails designed to offer a safer and more enjoyable riding experience.
If you are involved in a cycling accident due to hazardous road conditions, seeking legal advice as soon as possible is crucial. Establishing liability in such cases can be complex, but a solicitor can assess whether a claim is viable and guide you through the process of securing compensation for medical costs, lost earnings, and other damages.
Time limits for cycling accidents abroad
If you have been injured in a cycling accident while on holiday abroad, you may need to act quickly to improve you chance of making a successful claim.
A number of considerations are applied to all injury claims, such as whether the party responsible for an accident owed you a duty of care, and whether the accident can be proven to have caused your injury. In addition to these issues, in the case of accidents abroad you must also consider limitation dates.
The time limit in which a personal injury claim can be made can vary considerably. In France, for example, you have 10 years to make a claim in most cases. In Spain, there is a one-year time limit.
Travel Insurance
Holidaymakers who cycle abroad, or plan to, should check that their insurance covers cycling accidents, and under what circumstances (e.g. road cycling, but not off-road). Your insurance company may require you to make contact as soon as is reasonably possible, following your accident. The insurer may also require evidence of the accident and of your injury, such as a traffic police report and doctor's notes.
If you do not have insurance, or your insurance does not cover cycling abroad, an injury claim may be the only means available to you to claim compensation.
Do I need to instruct a foreign lawyer to make a cycling claim?
The answer to this question will depend on a range of factors, including which country you were injured in, how your trip was arranged, and how the injury occurred.
If you were knocked off your bike by a British driver in Germany, for example, you may be able to pursue the driver through the courts in the UK. If you were injured in Spain while on an off-road excursion you booked yourself, due to the poor condition of the bike, for example, you may need to claim against the Spanish cycle hire company through the Spain's legal system.
Regardless of the circumstances of your injury, if you have been injured in a cycle accident in another country, you may wish to discuss your options with a solicitor sooner rather than later. Prompt action will enable your solicitor to help gather evidence and conduct any necessary legal work at an early stage, to give your claim the best chance of success.
How Cycling Injury Legal can help
Our experienced cycling accident solicitors have successfully managed no win, no fee claims for cyclists injured abroad, understanding the added complexities involved with international cases.
Whether your accident occurred on holiday or while riding overseas for your work, we’ll guide you through each step, ensuring the right evidence is gathered and the claim is handled effectively.
Our panel of expert solicitors will help secure maximum compensation for your injuries, arrange access to medical support, and work to obtain any interim payments available, so you feel fully supported throughout your recovery.
Written by Chris Salmon on 27th June 2016