At Osbornes Law we pursue cycling accident claims for clients who have suffered serious and life changing 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.
Frequently Asked Questions
Your claim would be brought against the other individual involved in the collision. However, in practice your claim will be dealt with by an insurance company on your behalf.
Yes. We will be able to advise you on how much blame is likely to be attributed to you. In practice we can usually reach an agreement with the insurance company on a percentage basis.
You should take the name and contact details of the pedestrian and any witnesses. If you have insurance you should report the accident to your insurer straight away. You may face a claim against you by the pedestrian if they are injured. If you are also injured and the pedestrian was partly responsible for the collision then you may have a counterclaim against you.
There is no requirement for you to hold third party insurance cover in order to cycle in the UK. We do, however, encourage insurance cover to protect you in the event you are involved in a collision and it is alleged you are responsible. London Cycling Campaign members automatically get insurance cover as part of their membership. Consider signing up or look for an alternative policy online, there are quite a few companies who provide cover.
If you have been involved in a cycling accident, it is likely that your bicycle will have sustained damage or be a complete write off. Take your bicycle to a repair shop where they will then determine the extent of the damage and advise on whether it can be repaired or not. They will provide a written quote for the repairs or alternatively if the bicycle is beyond repair advise on the replacement cost. You will need to retain copies of the estimates if you intend on making a claim for bike damage.
Always ensure that the Police are called to the scene of the accident. The police will then take a statement from you as well as the other party, and witnesses. Ensure that you report any injuries you have sustained. Take photographs of the bicycle and retain evidence including clothing and possessions as it may need to be inspected. If your accident has involved a pothole, then take photos of the length, depth and width. Obtain details of the driver and any witnesses, including a full name, contact telephone number, address and vehicle registration plate as well as details of their insurer. Attend a GP surgery or hospital for medical attention and ensure that your inquiries are recorded. Seek legal advice from a solicitor specialising in cycling accident claims who has good knowledge of road accidents.
After an accident, you are entitled to recover compensation for pain, suffering and loss of amenity for your injuries. In addition, you may incur travel expenses, loss of earnings (if you have had to take time off work as a result of your injuries), medical and prescription costs, care and assistance received from family members or friends as well as treatment including physiotherapy or counselling and damage to possessions. You may also be entitled to recover future losses. This list is not exhaustive so if you have incurred a loss and are unsure whether you can recover it then just ask your solicitor. Do ensure that you retain copies of receipts and invoices for proof of payment.
Rehabilitation is vital to help you reduce – as much as possible – the effects of a cycling accident injury on your life.
How you begin to respond to rehabilitation gives us an idea how much progress you can make and what impact the injury will have on you and your family in the long term. Then we can pursue the appropriate level of settlement for you and secure funding for your rehabilitation.
That depends on your injury. You may need outpatient physiotherapy to help you regain use of an injured limb or joint. In serious injury cases, you may need to spend time at a rehabilitation unit where therapists can help you re-learn skills lost as a result of a physical or neurological (brain) injury.
A brain injury, in particular, can result in memory loss, speech and language difficulties and a change in personality. Rehabilitation can teach you and your family ways to overcome these issues and provide tactics for dealing with the limitations you may now face.
OUR JOB IS TO ENSURE YOU HAVE THE MONEY TO SAFEGUARD YOUR LONG-TERM CARE AND KEEP MOVING FORWARD IN YOUR RECOVERY.
Successful rehabilitation can also involve reassessing your accommodation needs. Where appropriate we consult with architects to secure funding for home alterations, so you can live as independently as possible. We also look at your transport needs and any other support you might require.
Osbornes Law Cycling Injury Team
Our cycle injury claims team is 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 features catastrophic injury specialist and cycling enthusiast Rob Aylott and experienced cycling lawyers Nikki Hall, Laura Swaine and Andrew Middlehurst.
We regularly blog, vlog and post on cycling and the law. Follow us on Twitter @OsbornesCycling
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.’
Typical Situations Resulting in Cycling Accident Claims
Commuter cycling in London is not for the faint hearted, but the benefits far outweigh the risks. Watch out for the following situations that commonly give rise to accidents whilst cycling:
- A vehicle approaching from 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
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:
- Be safe – get out of danger and get others to help secure the scene;
- Ring 999 – ambulance paramedics will assess your injuries and the police will investigate the cycling accident;
- Exchange details with the other party – this is a legal requirement unless the accident has been reported to the police;
- Evidence – use your phone: photograph the other vehicle, driver and the scene; check for CCTV cameras, speak to witnesses and obtain their contact details;
- Take legal advice on your rights and obligations.
How our cycling lawyers can help
Contact our cycling solicitors 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.
London Cycling Campaign, Spring 2020 Edition: Stuart Kightley explains why liability insurance can provide peace of mind for every cyclist. Download document here to read article.
For an initial discussion call our specialist cycling team on 020 7485 8811 or submit your enquiry online and we will contact you.
Cycling Case Study
SPINAL CORD INJURY
Our client was thrown off his bicycle after being hit by a lorry. He suffered a severe spinal cord injury
. Despite footage from a camera mounted at the front of the lorry which shows the collision in full, liability is denied. Collision reconstruction experts have been instructed.
TRAUMATIC BRAIN INJURY AND FRACTURED SKULL
Our client came off his bicycle whilst on a cycle path. This was after a large stone became lodged in his front wheel. The local authority responsible for the cycle path are contesting liability and High Court proceedings have been issued.
FRACTURE TO SHOULDER
Our client was injured on an East London road when a car pulled out of a parked position into his path as the driver tried to turn her vehicle around. Our client suffered a fracture to his right shoulder blade which was functional within one year but would take two years to recover fully. Damages […]
FRACTURE TO WRIST
Our client was cycling to work when a passing car clipped his handlebars and he fell into the road. He suffered a scaphoid fracture to his right wrist and required surgery following the collision. His losses included additional travel expenses as he was no longer able to ride his bike
Our client was riding in a cycling lane when the passenger door of a stationary car was suddenly opened into his path. He was knocked off his bike and suffered several injuries, the worst being a forearm fracture which required surgical plating. In this case surgery failed to unite the fracture
NECK AND LOWER BACK INJURIES
Our client hit his bicycle brakes as he approached queuing traffic. As he was doing this he was passing a side road to his left. A vehicle travelling in the opposite direction failed to see our client as he attempted to turn right into the same side road. He drove straight into our client, knocking […]
HEAD AND FACIAL INJURIES
Our client was cycling to work. He approached a crossroad where he had right of way when a white van unexpectedly pulled out in front of the crossroad before our client. Our client was unable to brake in time and crashed into the side of the van. This resulted in him coming off his
SEVERE TRAUMATIC BRAIN INJURY
Our client was a successful businessman when is was knocked to the ground. He suffered various fractures and internal injuries. The most severe injury was a traumatic head injury which left him with a diffuse axonal brain injury
Following rehabilitation our client did retain
FRACTURE TO ANKLE
Our client was cycling at night with lights and a hi-vis jacket. He was using a mini-roundabout when a car drove into his rear as it entered the roundabout behind him. The impact fractured the Claimant’s ankle requiring fixation surgery, effectively leaving our client housebound and having