Your first action after any bicycle accident should be to seek medical help, especially if the situation is an emergency. Call 999 and ask for an ambulance. 

Even if you feel fine after the accident, a medical assessment is important. Some injuries suffered in these accidents aren't visible straight away, but can be diagnosed by a doctor. It is important that your injuries are documented within your medical notes and records as these documents will be crucial in support of your case.

If you are well enough, you should take photos of the scene of the accident and anything that may have caused or contributed to it. This should include images of any damage to your bicycle or equipment. Take the details of any witnesses who saw the accident take place.

Continue to monitor your injuries over time. Keep a diary with descriptions of your experience while recovering from your injury, and supplement this with photographs if there are physical changes in how your injuries present. All of this can provide crucial evidence for a bicycle accident compensation claim.

Accidents involving cyclists can happen in lots of different ways. In many cases, another party is responsible - whether that's a driver, a pedestrian, or a local council that has failed to maintain roads to suitable levels of safety. A bicycle accident claim can often be made for any of the following types of incident:

• Collisions with motor vehicles: the majority of cycling accidents involve collisions with cars, lorries, or vans. These are most common at junctions, roundabouts, or when vehicles are turning, and are often caused by the driver failing to check blind spots or give way, or overtaking too closely. If this leads to an injury, you may be entitled to claim. Even if the driver of a vehicle fails to stop after causing the accident, you may be able to pursue a compensation claim through the Motor Insurers' Bureau (MIB).
• Dooring: these accidents occur when a driver or passenger opens a car door into the path of a cyclist without checking. They can result in serious injuries, including fractures and head injuries, and this usually entitles the cyclist to compensation.
• Poorly maintained roads: potholes, uneven surfaces, or defective road designs can cause cyclists to lose control and crash. Local councils are often responsible for road maintenance, and cyclists can claim compensation for injuries caused by negligence in maintaining roads properly.
• Faulty cycling equipment: if an accident occurs due to faulty equipment, cyclists may be able to claim against the manufacturers, bike shops, or maintenance providers responsible. However, if the problem was caused by the cyclist - for example, if a piece of equipment was used in a way that contravened the manufacturer's instructions - this may not entitle them to claim compensation.
• Pedestrian accidents: collisions can occur when pedestrians step into the road without looking. Cyclists may file claims if they are injured as a result of trying to avoid a pedestrian, or if a pedestrian’s actions directly cause an accident such as a collision.
• Accidents caused by other cyclists: collisions between cyclists can happen in busy urban areas, particularly in bike lanes or at crossings. If this happens as the result of negligence by another cyclist, you may be entitled to claim for any injuries.

This is not a comprehensive list. If you have been injured and believe someone else was responsible, speak to the Switalskis team to learn more about your eligibility to make a cycling accident claim.

Cycling accidents can lead to very serious injuries, because cyclists are not as well-protected as other road users. However, even in cases of minor injuries, it is often possible to make a bike accident claim. Some of the most common types of issues that our cycling accident solicitors have helped injured cyclists to claim for include: 

• Head and brain injuries: cyclists are highly susceptible to head injuries, even when wearing helmets. Injuries can range from concussions to more severe traumatic brain injuries (TBI).
• Fractures and broken bones: fractures, particularly to the arms, legs, collarbone, ribs and wrists, are common in cycling accidents. If you are wearing appropriate safety equipment but are injured anyway, you might be entitled to compensation.
• Spinal injuries: a cycling accident that involves an impact can cause spinal damage, the results of which can range from minor back injuries to more serious conditions like herniated discs, or even paralysis.
• Soft tissue injuries: injuries to muscles, tendons and ligaments, such as whiplash, sprains and bruising, are common. They may not be immediately apparent but can lead to long-term pain and discomfort.
• Dental injuries: cyclists can suffer broken or lost teeth, jaw fractures, and other facial injuries during accidents. These injuries may require extensive dental work and reconstructive surgery, which compensation can help to pay for.
• Cuts: Deep cuts, lacerations and abrasions can be caused by contact with road surfaces, vehicles or bike parts during an accident. Severe cases may lead to scarring or infections, which will entitle you to more compensation.
• Internal injuries: Internal bleeding or damage to organs such as the liver, spleen or kidneys can occur, especially in high-impact collisions.
• Psychological trauma: an accident can lead cyclists to suffer psychological effects such as post-traumatic stress disorder (PTSD), anxiety or depression. It is possible to claim for PTSD or other mental health effects, or to include these in a claim for physical injuries.

In cycling accident claims, compensation can address more than just the pain and suffering of your injury in the moment. It should also include payments for the long-term physical, emotional and financial impacts of these injuries.

Even when both the cyclist and another party (such as a driver, pedestrian, or even another cyclist) share responsibility for the accident, it may be possible to claim. This will be determined according to the rules of partial liability. The injured cyclist may be found partially at fault for the incident, and this affects the compensation they can claim, but not their right to claim.

In these cases, the parties involved assess the circumstances of the accident to determine each party's degree of fault. This is known as contributory negligence, and is usually agreed as a percentage of the liability. For example, your solicitor and the other party involved may agree that you were 25% responsible for the accident, and this will reduce the amount of compensation you will receive by 25%. You will receive 75% of the compensation you would otherwise have been owed.

Speak to our cycling accident claims solicitors to find out more about whether or not you can claim based on an assessment of your specific circumstances.

There is usually a time limit of three years within which you must start a cycling accident claim. This is usually from the date of your accident. However, if your injuries were not apparent straight away, the time limit may begin on the date you received a diagnosis, or realised that your injury was related to your cycling accident. This is referred to as the date of knowledge.

There are exceptions to this three-year rule in specific cases:

• Under 18s: if someone under the age of 18 is injured in a cycling accident, a claim can be made on their behalf at any time until they turn 18. After their 18th birthday, they will have three years to start the claims process, or until they turn 21.
• People who lack mental capacity: if the injured cyclist lacks the mental capacity to make their own decisions, time limits may not apply and it might be possible to make a claim on the person's behalf at any time.

While these exceptions can help to make sure everyone is able to claim, it is always best to start the process as early as possible. This will improve our ability to gather evidence and enable our specialist cycle accident solicitors to meet any other relevant deadlines. That way, you will have the best possible chance at a successful claim.

The amount of compensation awarded in bicycle accident claims is determined by the nature of your injuries and any expenses related to the accident that you intend to claim for. Compensation payments are split into two types:

• General damages are calculated based on Judicial College guidelines and aim to cover the pain, suffering and loss of amenity your accident has caused. The nature, number and severity of your injuries determines how much compensation you will receive.
• Special damages are based on evidence like receipts for expenses or statements from experts about your anticipated future care needs. Special damages cover all of the financial losses associated with your accident, including repairing or replacing your bike and any equipment. Beyond this, they can pay for lost earnings if you need to take time off work during your recovery, or lost future earnings if your ability to work is affected. 

Together, these payments aim to restore you to the position you would have been in if the accident had never happened. It's impossible to estimate financial compensation amounts without a thorough understanding of your circumstances, as all the details of your accident will affect the damages you receive. If you speak to Switalskis about compensation for a bicycle accident, we can discuss your situation and offer tailored guidance.

Most cycling injury claims are settled out of court. We will build a strong base of evidence that demonstrates the liability of the other party involved and, in many cases, they will accept their responsibility for the accident. At this stage, the liable party (or their insurer) will instead begin to negotiate over the compensation amount you are owed. Your solicitor will fight to secure the maximum compensation that you're entitled to.

However, in some cases, the other party refuses to accept liability and the case will proceed to court. Your solicitor will represent you in court and argue for the compensation you deserve. If you need to appear in court, our team will prepare you beforehand to make sure you know what to expect and what you'll need to do. We always aim to take on as much of the legal burden for your claim as possible, to give you more time to focus on your recovery.

A no win, no fee claim is made under a conditional fee agreement. It means that you don't need to pay for your legal expenses up front, and you will not need to pay any legal fees if the case is unsuccessful. Instead, legal fees are paid as a percentage of the compensation you receive. This incentivises your cycle accident solicitor to secure the maximum compensation for you, and means that you can make a claim with minimal financial risk.

The specialist cycling accident solicitors at Switalskis handle most types of personal injury compensation claims on this basis, including most types of bicycle accident claims.