Cyclists are among the most legally entitled yet least legally informed victims of road accidents in Scotland. Physical vulnerability, the fact that a fault is often wrongly attributed to the cyclist and the fact that many people underestimate what a cycling accident claim can legitimately recover, all combine to make it very likely that many cyclists will either not pursue a claim at all or that they will take a settlement that is far less than their actual entitlement. Instructing a cycling accident lawyer with specific experience in this area changes both what is claimed and what is achieved.

What a Cycling Accident Claim Can Cover

A successful cycling accident claim may receive compensation for more than one head of loss. General damages take into account the pain, suffering and loss of amenity that is caused by the injuries themselves, and are assessed based on a range of established guidelines and the evidence of the impact the injuries have had on the claimant’s life.

Special damages compensate for financial losses that are a direct result of the accident, such as medical costs, bicycle repair/replacement costs, lost wages while recovering from the accident, and the cost of any care or assistance needed.

Where injuries are serious, future losses, such as ongoing medical treatment, loss of earning capacity, and long-term care requirements, are also part of claims that general practitioners often undervalue.

Establishing Liability in Cycling Cases

The elements of a cycling accident claim are the same as those that apply to any other road traffic accident, but they can be more complicated. Often, eyewitnesses to a cycling accident have a limited account. There might not be CCTV footage of the exact crash location. Physical evidence at the scene is quickly dispersed.

The collection of evidence quickly, such as photographs of the scene, the vehicles involved, and the injuries to the victims, getting the contact information of witnesses and reporting the incident to the police sets the groundwork for liability arguments. A specialist lawyer provides advice on this and collects evidence as early as possible.

Contributory Negligence and Cyclists

This is a recurring theme in defended claims, with allegations of contributory negligence being made against cyclists. Reducing the value of awards is a common way to suggest that a cyclist didn’t wear a helmet, didn’t use lights in low-visibility conditions, or ride in a position that might have contributed to the collision.

In the case of cycling, the law surrounding contributory negligence has been shaped by case law, with which a specialist lawyer is familiar. Some claims have merit and should be taken into account in the claim’s value. Some are opportunistic and can be challenged with the proper evidence and legal argument.

Hit and Run and Uninsured Driver Claims

For cyclists who an uninsured or unidentified driver has hit, there is a path to compensation via the Motor Insurers Bureau, which deals with claims from cyclists who have been involved in an accident with an uninsured or unidentified motor vehicle driver.

The procedure for filing MIB claims differs from that for personal injury claims and has its own time limits and procedural requirements. Failure to comply with these procedures may result in the loss of a claim’s validity or a complete denial of the claim.

A lawyer with experience in MIB claims has no problem with these requirements, as they face them regularly, not for the first time in a current case.

Serious Cycling Injuries and Long-Term Value

Cycling injuries often result in serious head injuries, spine injuries and complex orthopaedic injuries, which can have long-term effects that should be properly evidenced and accurately valued in any claim for proper compensation.

The evidential core of high-value cycling injury claims comprises medical expert evidence in relation to future treatment requirements, the impact of injuries on the claimant’s working life, and the care and assistance required.

Specialist lawyers engage expert evidence from those with the most relevant knowledge in this context and build the claim to encompass the full lifetime consequences of serious injuries.

Acting Before Evidence Disappears

Evidence about a cycling accident claim can deteriorate rapidly. Scenes change, evidence gets harder to find, and memories of all involved fade over time. If you hire a specialist lawyer immediately after an accident, they will make sure to take the necessary steps to preserve evidence before it is lost. A young lawyer does not equate to a rush decision. It involves securing the evidentiary foundation on which all further decisions will be based.