Cycling Accident Claims

Bicycle Accident Lawyers

At Osbornes Law we pursue cycling accident claims for clients who have suffered serious injuries and for the families of those killed whilst cycling in London and around the UK.

We have a dedicated cycling accident claims team staffed by experienced lawyers who are themselves cyclists and who are committed members of the London cycling community.

We understand that every case is different and we understand the issues that arise in cycling accident claims. From dooring and flooring, potholing, hooking and filtering, close passing and helmet wearing, to lorry vision regulations and infrastructure standards; we understand the types of injury that cyclists suffer and the short and long term effects that follow; and we understand the often subtle losses and expenses that arise in any given case.

London Cycling Campaign

We are proud to be the legal partner of the London Cycling Campaign. London Cycling Campaign is a charity supported by over 12,000 members. Their aim is to make sure everyone who cycles or wants to cycle, has a voice in Greater London. Our cycling accident claims team provide free Helpline assistance to any LCC member who has been injured or involved in a collision.

Cycling on busy roads is not for the faint-hearted, every year over 4,000 cyclists are seriously injured or killed in road accidents*, but the benefits far outweigh the risks. Watch out for the following situations that commonly give rise to bike accidents:

• A vehicle approaching from the opposite carriageway turns right across your path without giving way to you and you collide with its nearside 
• A vehicle emerges from a side road to your left into your path without giving way to you and you collide with its offside 
• You are overtaking or undertaking stationary traffic when a vehicle turns into your path without looking
• A lorry turning left at a junction fails to see you in the nearside  lane
• A pothole or other defect in the road makes you lose control of the bike
• A vehicle door is opened into your path as you pass and causes a collision
• Vehicles, particularly lorries, vans and buses, fail to leave enough room as they pass on the offside  

*Figures from the Royal Society for the Prevention of Accidents show that in 2019, 16,884 cyclists were injured in reported road accidents, 4,433 were killed or seriously injured.

What you should do following a bike accident?

Shock and pain can make it difficult to react immediately and properly to an accident involving injury, but here is our advice on what to do:

1. Be safe – get out of  danger and get others to help secure the scene;
2. Ring 999 – ambulance paramedics will assess your injuries and the police will investigate the cycling accident;
3. Exchange details with the other party – this is a legal requirement unless the accident has been reported to the police;
4. Evidence – use your phone: photograph the other vehicle, driver and the scene; check for CCTV cameras, speak to witnesses and obtain their contact details;
5. Take legal advice on your rights and obligations.

How our bicycle accident lawyers can help

Contact our specialist lawyers to discuss your case. We are always happy to advise by telephone and will not charge for an initial consultation.

If we are able to help with a legal claim, what happens next will depend on the particular circumstances of your cycling accident and the seriousness of any injuries, but in summary:

• Funding. We will offer you a No Win No Fee funding agreement so that you will not have to meet the legal costs and expenses as the case proceeds. In the unlikely event that the case is not successful you will not be left out of pocket. If you win you pay us a small success fee but the amount we charge is less than other competitor firms.
• Liability investigation. We will assess what is needed to prove your case and will obtain the police, witness, CCTV, accident investigation and other evidence necessary to win the arguments on liability; we will pursue the claim with the opponent’s insurers and seek an early admission of liability.
• Medical investigation and rehabilitation. We will explore with you what your immediate needs are. That may involve you having an Immediate Needs Assessment with an independent Occupational Therapist and then treatment and/or medical investigations; we will also request your medical records and once the injuries have settled commission expert prognostic reports from independent specialists.
• Interim payments. If liability is accepted then we can access funds to give you financial support whilst you recover from your injuries.
• Negotiation and settlement. Most cases are settled by negotiations and an out of court settlement although some, in particular the most serious injury cases, require court proceedings. Our job is to get you the best possible settlement. In relation to liability that means using our expertise and experience to secure 100% liability, or as close to it as possible on the facts of the case. On damages (quantum) it means understanding which heads of loss to claim, obtaining the evidence necessary to prove the loss and negotiating the best deal.

What are the most common types of cycling accident compensation claims?

Bike crashes are an unfortunate reality for many and we understand that cyclists are vulnerable to serious injuries due to road traffic accidents.  Our cycle accident claims specialists can help with everything from head injuries, amputations, back & spinal injuries and leg injuries through to broken bones, facial & dental injuries, sprains & fractures, whiplash and soft tissue injury.

• Head and Brain Injury
• Spinal Injuries
• Amputation and Limb Damage
• Fatal Injury

How much cycling accident compensation could I receive?

No two bike accident claims are the same so we can’t say, straight away, how much cycling accident compensation you will get. Cycling injury compensation won’t only include compensation for the incident itself but support with recovery and future life – this might mean making provision for physiotherapy, rehabilitation treatment, loss of earnings, bike repairs and adjustments at home.

Compensation is split into two parts: General damages (based on the severity of injuries and the length of time it takes for you to recover) and special damages (covering current and predicted out of pocket expenses as a result of the injury – such as loss of property, medication, aids and equipment, treatment, travel and loss of income). Special damages can also include repairs to your bike, physiotherapy and counselling.

While we might not be able to say how much you can expect to get, our cycling claims solicitors are experienced in a wide range of cycling accident and injury claims and should be able to give you an estimate, when you speak.

Do I have to pay legal fees when claiming for a bicycle accident?

Not usually. In the vast majority of cases, you will be able to pursue your personal injury claim through what’s known as a Conditional Fee Agreement or ‘No Win No Fee’.

How long do bike accident claims take?

Because each claim is different it’s impossible to say exactly how long your cycling accident claim will take. It will depend on the severity of your injuries and whether or not your opponent admits blame.

A relatively simple cycling injury claim could be settled in a few months. A cycling accident claim relating to more serious injuries – or where the other party doesn’t admit responsibility – will take longer as we’ll have to seek medical evidence. This is partly so that we can make sure any compensation supports you for your longer-term medical needs. We may also have to wait to understand the full impact of your injuries because compensation may depend on how long it takes you to heal.

Other factors that could prolong your cycling accident claim might include whether it has to go to court, when a criminal offence has been committed and police charges also have to be brought and if you’ve been injured in a hit and run accident when the police and insurance companies will be trying to locate the driver.

How long do I have to make a bicycle accident claim?

You have three years from the date of the cycling accident or injury to bring a claim.

What happens if the other person involved in the accident didn’t stop?

If you have been a victim of a hit and run, or hit by an uninsured driver, don’t worry. We may still be able to help you with your cycling accident claim. Working through the Motor Insurers’ Bureau (MIB) scheme it may still be possible to make a claim and you would be free to choose us as the cycling claims solicitor to represent you, even if your insurance company has recommended another law firm.

Why choose Osbornes Law for your cycling injury claim?

Three reasons to trust Osbornes Law with your cycling accident claim:

1. Our cycle accident solicitors are headed up by Stuart Kightley who has been representing cyclists and their families for over 25 years. He still commutes by bike into the firm’s Camden office every day. He is an elected member of the Trustee Board of the London Cycling Campaign. The team also includes serious injury lawyer and cycling enthusiast Rob Aylott as well as experienced cycling injury lawyers Nikki Hall, Laura Swaine, Andrew Middlehurst and Rebekah Watson.
2. Not only is our 37-strong team of personal injury solicitors and paralegals regulated by the Solicitors Regulatory Authority, but we’re also members of the Association of Personal Injury Lawyers and the Law Society. Osbornes are also the exclusive legal partner to the London Cycling Campaign.
3. We demonstrate that you can trust us through our more than 40 years of experience, our five star (4.8 out of 5), excellent Trustpilot review and our track record of securing multi-million-pound settlements for clients across the UK, whose lives have been devastated by serious and life-changing cycling injuries and for the families of those killed whilst cycling.
4. We regularly blog, vlog and post on cycling and the law. Follow us on Twitter @OsbornesCycling

Accreditations

Our cycling injury team and individual solicitors are regularly ranked in the leading independent legal directories ‘Chambers UK’ and The Legal 500′ for offering ‘niche expertise in cycling-related injury claims.’ We also feature in The Times Best Law Firm Guide.

Published articles

London Cycling Campaign, Spring 2020 Edition: Stuart Kightley explains why liability insurance can provide peace of mind for every cyclist.  Download article here. 

London Cycling Campaign, Winter 2020 Edition: Stuart Kightley outlines the key changes to the Highway Code. Download article here.

For an initial discussion call our specialist cycling team on 020 7485 8811 or submit your enquiry online and we will contact you.

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