Cycling Accident Injury Claims

Although cyclists make up only a small proportion of road users, the effects of an accident on them can often be far more serious than with car-on-car scenarios. Cyclists are highly vulnerable and have little protection in the event of a collision with a motor vehicle.

So, what are the main factors to be aware of in cycling accident injury claims? We’ve prepared a list of the things that may be relevant to these situations.

Decide who is at fault

Whilst it is often assumed that the car driver will be at fault, a cyclist will still need to prove negligence on the part of the driver. These accidents often involve a failure on the part of the driver to spot the cyclist (perhaps because they are in a blind spot) or the driver misjudges the speed or intentions of the cyclist. Roundabouts are a classic situation in which the positions and movements of the respective vehicles can become an issue. The speed of the motorist may also be a factor.

Gather the evidence

Assuming that the cyclist is not immediately rushed to hospital or unconscious, it is important to get as much useful evidence from the scene as possible. This will include taking photographs of the collision damage to both the car and the bicycle, noting the presence and position of any crash debris (this may help show the point of impact), identifying the presence of any road markings or road signs, traffic signals etc and speaking to any witnesses who may be willing to provide a statement about what they saw.

Photographs will also show the weather conditions at the time, as these can vary considerably over time, for example the position of the sun in the sky affecting visibility, any rain on the road surface etc. Photos will also show the state of any vegetation at the scene. I have seen cases where, some years after the accident, decisions are being made about the field of view available to both parties where vegetation has either grown considerably or been cut back over the intervening years, creating a wholly different scenario. Defects in the road surface may also be relevant in terms of deciding whether there has been any failure to maintain or repair the road.

Measurements can also be helpful with cycle accident personal injury claims, as photos often provide a misleading impression of the scene. Wide angle lenses may distort the perspective, so some more objective evidence can be helpful, for example to assist in working out how much room a vehicle had to overtake a cyclist, or how long it may take for a vehicle to cover a given distance.

Medical evidence

As with any motor vehicle accident injury claim, it is important to obtain reliable evidence of the nature, extent and duration of the injuries. This may include obtaining copies of hospital records and discharge summaries, a GP report setting out the details of the injuries and the treatment needed to address them and copies of any referral letters to treating specialists. Often The Insurance Commission of Western Australia (ICWA) will instruct their own specialist to review the injuries, but this usually happens much later, once treatment has been tried but may have proved ineffective in resolving the injuries.

Crash report

This always needs to be completed, as it the formal record of the accident and should be completed by both (or all) parties. ICWA will use these reports as the basis to assess who is at fault, although they may require further information from the parties, in which case they may instruct an investigator to conduct further enquiries. It also records the fact of an injury along with brief details of the type of injuries. This alerts ICWA to the possibility of the need for treatment, the cost of which they will usually cover.

As always, it may be prudent to obtain legal advice about your claim. The law can be complicated, and you may find yourself disagreeing about who is to blame and what you are entitled to claim. Once your claim is settled, that is usually the end of the matter, and it will be no consolation thereafter to know that you might have achieved a better outcome had you taken such advice. Many lawyers will offer an initial no-cost assessment, so it makes sense at least to take advantage of that. Ignorance may be bliss, but knowledge is power.

How Motor Legal Can Assist in Cycling Accident Injury Claims

Motor Legal, specialising in motor vehicle and cycling accident claims, offers a comprehensive service to assist cyclists involved in accidents. Here’s how we can help:

1. Expertise in Road Cycling Accident Personal Injuries: With over 35 years of experience, Motor Legal has a deep understanding of the complexities involved in road accident personal injuries, including those sustained by cyclist. This expertise ensures that we can provide the best possible outcome for our clients.
2. No Win, No Fee Policy: Understanding the financial concerns that come with legal proceedings, Motor Legal operates on a ‘No Win, No Fee’ basis. This means that if we are unsuccessful in securing a win for your claim, we will waive our fees, reducing the financial risk for you.
3. Specialisation in Cycling Accident Claims: Motor Legal’s focus on road accident claims includes extensive experience and knowledge specific to cycling injuries. This specialisation allows us to efficiently manage claims, especially those involving the Insurance Commission of Western Australia (ICWA).
4. Comprehensive Client Service: Motor Legal is a one-stop service for clients in cycling matters following an accident. We take care of everything from the initial claim to the final settlement, ensuring a hassle-free process and giving you more time to focus on your recovery.
5. Free Initial Advice: Motor Legal offers a free initial consultation, allowing potential clients to understand their rights and options without worrying about immediate costs. This initial consultation can be crucial in deciding the best course of action following a cycling accident.
6. Representation for Cyclists: Motor Legal can assist cyclists with their claims, ensuring their rights are protected and that they receive the compensation they are entitled to.
7. Guidance Through the Entire Process: From the initial consultation to the settlement of the claim, Motor Legal guides you through every step. We can answer questions about the duration of the claim process, costs, court appearances, and the necessity of any in-person meetings.

Motor Legal offers a specialised, client-focused service for cyclists involved in road accidents. Our experience, no-win-no-fee policy, and commitment to providing comprehensive support make us a valuable ally for anyone navigating the complexities of cycling injury claims following an accident.

If you’ve been injured in a cycling accident, don’t navigate the complex claims process alone. Contact Motor Legal today for expert advice and support. Our team is here to ensure you get the compensation you deserve, with no upfront costs and no risk. Let us handle the legal side, so you can focus on your recovery. Get in touch now for a free, no-obligation consultation and take the first step toward securing your rights.

Article written by David Kew, Motor Legal

David Kew is a long-standing professional in the insurance and legal industries, boasting over 35 years of experience in motor vehicle accident claims.

With a robust background in insurance claims management and personal injury law, David has successfully navigated complex legal landscapes to secure favourable outcomes for his clients.

His expertise extends to providing strategic advice and support throughout the claims process, ensuring clients are well-informed and confident in their decisions.

David’s commitment to excellence and his comprehensive understanding of the intricacies of motor vehicle injury claims make him a trusted authority in his field.