A bicycle accident happens because of one of five factors – unavoidable, cyclist’s error, equipment error, trail condition, collision with another who is at fault. While the first two are not cause for a claim for compensation, the later three could be, depending on the circumstances.
Bicycle personal injury claim for equipment error
Imagine the horror of riding along and your bicycle falls apart under you, tossing you upon the pavement or careening you into the path of an automobile. A defect in the bicycle is found to be the cause and the manufacturer doesn’t agree to take responsibility.
This is the time to hire a solicitor to handle the case for you. An experienced solicitor will file a claim against the company to attempt to get you compensation for your injuries, the loss of your bicycle, and for pain and suffering.
Unsafe trail conditions result in bicycle personal injury claim
Sometimes bicycle accidents occur because of a problem with the trail. If it is a condition that was knowingly allowed to exist by the establishment that is responsible for the trail, you may be entitled to compensation. These types of cases are generally quite involved and difficult to prove, thus retaining an experienced solicitor will be critical.
Automobile collision bicycle accident claim
In areas where a bicycle has the right-of-way, if they are struck by an automobile, that driver is responsible for the accident. As long as it is not proved that the cyclist acted in an irresponsible manner, such as weaving between automobiles or darting about without observing traffic rules, it is likely the cyclist will be awarded compensation. An experienced solicitor will aid you in determining what amount of compensation can be expected and represent you in court if needed.
Bicycle personal injury claim for other types of collision
Sometimes a collision is caused by the actions of another, although they did not collide with you themselves. For example, an automobile driver swerves into your path and in panic you go off the road and meet up with a tree or road sign. The driver is still at fault, even though they did not hit you.
Another example would be a driver that tosses out litter that strikes you or startles you, causing you to lose control of your bicycle. A claim can actually go the other way as well – a cyclist driving erratically causes an automobile to swerve and collide with something.
Comparing a bicycle accident claim to an automotive accident claim
Generally, the claim is relatively the same when it comes to the personal injury portion of the claim. Injury amounts can be higher, since the injury itself is often worse due to the lack of protection a bicycle has compared to a car. Damages for the bicycle will be considerably less than one involving an automobile. The actual case itself can be more complicated, as it is not always easy to determine who the negligent party was.
Accident Advice Helpline for your bicycle personal injury claim
The first thing to do after being involved in a bicycling accident is to call our specialists at Accident Advice Helpline. We will point you in the right direction, so you can put your mind at ease and concentrate on healing from your injuries. We will work hard to help you get the maximum compensation you deserve.
Dial 0800 689 0500 from a landline, or 0333 500 0993 from your mobile phone to connect with the claim experts at Accident Advice Helpline today.
Date Published: 9th December 2012
Author: David Brown