Legal FAQ about Bicycle Law: Motorbike Or Cycling Accident Compensation And Injury Claim (UK) 2022

Can I Claim Against The Council For A Poor-Quality Road Surface?

Personal injury claims against the council are generally brought under the Highways Act 1980, and will succeed if the road is considered by the court to be dangerous, and the Highway Authority (usually the local council) has no reasonable defence for its poor maintenance.

However, claimants hoping to claim compensation generally need to identify a specific pothole or defect in the road on which to base their claim, and it is essential to take photographs showing the accident site including a clear measurement of the depth of any pothole.

Can A Cyclist Claim If They Have Been Hit By A Car?

A cyclist who has suffered a personal injury or some other damage can always bring a compensation claim if they have been hit by a car. To win the claim, the driver of the car must be at least partly at fault for the road traffic accident.

Can I Claim If I Had An Accident On A Damaged Road?

The Highways Act 1980 imposes an absolute duty on local authorities to ensure that any damage to a road or pavement is identified and repaired as promptly as possible. To bring an injury claim it is important to have good quality photographs showing the damage to the road and a depth measurement of any defect.

Can I Claim If My Wheel Got Caught In A Pothole?

If you have been injured because a wheel has become caught in a pothole, then you can bring a claim against the local council for failing to inspect and maintain the road within a reasonable period of time. It is important to obtain good photographs of the pothole which should include a depth measurement.

Who Is To Blame If A Door Opens On A Cyclist?

If a cyclist suffers an injury because a car door is opened into their path, it is not the cyclist’s fault for riding close to the car. The responsibility rests with the person who opened the car door to “think bike” and look before pulling the door handle.

Who Is To Blame If A Passenger Opens A Door On A Cyclist?

If a car passenger opens their door without looking, causing a cyclist to sustain injuries, then the passenger is to blame. In most cases compensation will be paid by the car’s insurer, but specialist legal advice will be required because many insurers argue that a passenger is not covered under the driver’s insurance.

Is Cycling On A Pavement Legal?

It is against the law to cycle on ‘footways’.

The maximum fine at court is £500, but the penalty is usually enforced by way of the Fixed Penalty Notice (FPN) procedure. Children up to the age of 16 cannot be issued FPNs so could only be punished in exceptional circumstances.

The Department of Transport says: “The DfT view, from discussions with the Home Office, is that the law applies to all, but the police can show discretion to younger children cycling on the pavement for whom cycling on the road would not be a safe option.”

Can I Claim If My Bike Slipped On Oil?

A compensation claim for personal injury caused by slipping on a patch of oil can be brought against the Motor Insurers’ Bureau if you do not know who left the oil on the road, so long as the accident is reported to the police promptly or, ideally, at the time of the accident. If you know who put the oil on the road, your lawyer will pursue your claim against the wrongdoer’s insurer.

Can A Motorcyclist Claim Against A Pedestrian?

Yes, and a Court will find in favour of the cyclist if it is satisfied that the pedestrian caused injury or damage in part or in full through their negligence.

This means the Court would need to consider the actions of the pedestrian to fall below the standard of a reasonably vigilant pedestrian. The best example of this is a pedestrian who steps out into the road without looking first and in so doing knocks a cyclist to the ground.

How To Get Cycling Accident Claims?

Cycling is on the increase in the UK, which has, unfortunately, has led to a subsequent rise in the number of cycling accidents and cycle accident compensation claims. Cyclists are extremely vulnerable on the roads and have little protection if involved in an accident which means that injuries are often severe in nature.

Whether the accident was a result of traffic, problems with poorly maintained roads, an obstruction, or a spillage, as a cyclist you could be entitled to claim compensation for your injuries.

Initial consultation with cycling accident solicitor can include any or all of the following:

  • Paying for bicycle repairs.
  • The potential recovery costs for a replacement bicycle helmet or protective clothing.
  • A cyclist’s chances of winning a claim, together with an explanation of the claims process.
  • The recovery of lost earnings, and any problems surrounding employment rights.
  • The organisation of private rehabilitation or Physiotherapy.
  • “No win no fee agreements” and other methods of funding.

Cycle accidents can also occur as a result of faulty equipment on the bike or protective clothing. If you have been in an accident as a result of such a fault, you could be entitled to compensation.

How To Choose A Motorbike Accident Solicitor?

The chosen lawyer should be specialized in bicycle and motorbike accident claims. Not only he/she should be an expert in dealing with the legal aspects of a biker’s personal insurance claim, but he/she should also understand that the clients require the services to be supportive and friendly through the difficult and upsetting times following an accident.

Bikers have critical needs following a crash that goes beyond financial compensation, which is why rehabilitation, replacement bikes, and repairs factors are also high on the list of priorities.

The chosen lawyer should fight boldly to achieve the best outcome for bikers and their family in the shortest possible time frame, at the same time minimizing the impact which a bike accident has, and look to redress the balance wherever possible.

How Can A Specialist Motorcycle Accident Solicitor Help?

If you are a motorcyclist or pillion passenger on a motorcycle and have been injured on the road you might be entitled to claim compensation for your injuries. Whether caused by other motorists, problems with poorly maintained roads, obstructions, slippery surfaces caused by spillages, oil or mud, we understand motorcyclists are at risk of injury on a daily basis.

Dedicated motorcycle injury lawyers have particular expertise acting for people who have suffered an injury as a result of a motorcycle, scooter or moped accident.

Specialist motorcycle accident solicitor understands accidents involving motorcycles can vary from scrapes and bruises to multiple fractures and even brain and spinal injuries. Whatever the circumstances, a specialist motorcycle accident solicitor can give you advice in the initial consultation on some or all of the following:

  • Motorcycle repairs or replacements
  • Your prospects of winning
  • Pillion Passenger legal assistance
  • Guidance on levels of compensation
  • Advice in respect of private rehabilitation
  • No win no fee agreements and other funding sources
  • Employment rights
  • The potential of making a claim on various insurances
  • Loss of Earnings
  • Specialist aids & equipment
  • Adaptations to your home
  • Professional care & support

The specialist lawyers can also introduce you to an extensive network of leading reconstruction experts, medical specialists, treatment therapists, and any other professionals needed to ensure your case is resolved with the best possible outcome. The consultation can usually be conducted at your home or in the hospital if needed.

How To Change To A Specialist Motorcycle Accident Solicitor?

The decision to change your solicitor is never an easy one to make, but sometimes it’s for the best. There can be many reasons for wanting to change solicitors:

  • Your emails and calls are never returned.
  • Your existing solicitor doesn’t seem interested in your case.
  • Your existing solicitor seems distant, and your only point of contact is their secretary.
  • You doubt their expertise, and they prevaricate if you ask them technical questions.
  • You never feel you fully understand what your existing solicitor is doing.
  • You are concerned that you could be getting better advice and a better overall service from another solicitor.

Whatever the reason, if you are having doubts about your current legal advisor you should change your specialist motorcycle accident solicitor. You will probably get a free initial consultation and see what a difference can be made.

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