If you were knocked off your bike and someone else was to blame, you may be able to claim financial compensation for your injuries.
We explain how the wearing of hi visibility cycle clothing can affect the outcome of a claim, and what happens if the defendant argues that you were hard to see.
What does the Highway Code say about hi visibility cycle clothing?
The Highway Code consists of guidelines, recommendations, and legal requirements.
Although there is no legal requirement for cyclists to wear hi vis clothing., Rule 59 of the Highway Code recommends that cyclists wear light-coloured or fluorescent clothing in daylight and reflective clothing at night.
The use of white front and red rear lights, a red rear reflector and amber pedal reflectors (if the bike was manufactured after 1/10/85) is, however, a legal requirement.
As a cyclist, therefore, you are free to wear whatever you want without (criminal) legal consequences.
When making an injury claim in practice, however, the civil law process will differ from criminal law. Although you won’t be pulled over by the police if you aren’t wearing light or reflective clothes, a defendant may still argue that you were partly responsible (liable) for the accident if you were hard to see.
Duty of care
Cyclists, like all road users, have a duty of care to other road users. This legal duty means that cyclists must act responsibly to ensure that their actions don't put others at unnecessary risk.
Taking reasonable steps to ensure they are visible to other road users falls under the cyclists' duty of care. These steps might include using lights at night, wearing high-visibility clothing and using appropriate hand signals.
If you were hard to see, a defendant could argue that you breached your duty of care and as such, your negligence contributed to the accident.
Contributory negligence
Contributory negligence is a legal concept where an injured party has, to some degree, contributed to their harm or loss.
For example, if you were injured when wearing very dark grey clothes at dusk and riding with no bike lights, a defendant's contributory negligence partial defence might be successful.
Your compensation could be reduced by a % depending on the degree to which you contributed to the accident or your injuries.
Read more:
What is contributory negligence in a cycle accident?
Split liability agreement
If both parties share some degree of blame for an accident, the most common way to reach a resolution is with a split liability agreement.
This legal agreement divides liability into percentages between the defendant and the claimant, with compensation reflecting those agreed percentages.
For example:
A cyclist who was not wearing hi vis clothing at night was hit by a distracted driver. If the court finds that the lack of high-visibility clothing contributed to the driver's failure to see the cyclist, the court might determine a 70%/30% split liability agreement.
In this example, the cyclist would receive 70% of the full compensation value.
The fact that a cyclist was not wearing high-visibility clothing doesn’t necessarily reduce compensation. The defendant would need to prove that this directly contributed to the accident occurring.
Should I speak to a solicitor?
Speaking to a solicitor is a sensible move, even if you feel partly responsible for your injuries. An experienced personal injury solicitor can assess the details of your accident and advise you on the best course of action.
It may be that the defendant is fully liable for the accident, but even if your actions contributed to your injuries, claiming proportionate compensation can be a critical part of your road to recovery.
Written by Chris Salmon on 15th August 2023