Cycling Accident Claims
As a cyclist, you are particularly vulnerable to road traffic accidents
. You have a smaller presence on the road, meaning other motorists either fail to notice you, or fail to leave an appropriate amount of distance between you. Having relatively little protection also means you are extremely exposed; if you are caught up in cycling accident, it is likely both you and your bike will suffer serious damage.
If you are unfortunate enough to be involved in a cycling accident, you should treat it in exactly the same way as a road traffic accident. For example, take down the details of the parties involved, the contact numbers of any witnesses and if possible, take photographs of the scene. These measures could prove extremely useful later down the line if you decide to pursue a cycling accident claim.
Claiming for Cycling Accidents.
You will be able to pursue a cycling claim if the accident occurred due to another person's negligence. In the majority of cases, it will be immediately obvious who should be held accountable. For example, if:-
* You are hit by a car door being opened - known as 'dooring';
* A motorist fails to leave sufficient space when overtaking;
* A motorist fails to notice you at a junction or roundabout;
* A pedestrian steps out into the road.
In such cases, it can be said that the other road user or pedestrian failed to maintain due care and attention, thereby causing you harm. Other times, however, responsibility is a little less clear-cut. For example, if you suffer injury due to:-
* A poor road surface, including pot-holes or missing drain covers;
* A spillage that makes the road slippery, such as an oil spill.
However, even if you are not sure where the blame lies, it is important to remember the basic principle of personal injury law: that is, if you sustain an injury through no fault of your own, you are entitled to compensation.
Compensation for Cycling Accidents.
If you think this applies to you, be sure to contact a personal injury lawyer as soon as possible. A solicitor who specialises in this area of the law will be able to advise you whether or not you can claim for your cycling accident. If you do proceed with legal action that is subsequently successful, you will be awarded compensation for the pain and suffering you have been caused, as well as for any financial loss you have incurred. This incorporates a number of different elements, from a loss of earnings to the cost of your damaged bike.
by: Richard Godden
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