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CYCLE LANE ACCIDENT CLAIMS

Cycle lane accidents often occur when vehicles other than bicycles use the cycle lanes of a road or something that should not be in the cycle lane is causing an obstruction. As cyclists ourselves and experienced cycling accident lawyers since 1988, we have encountered many different types of accidents in cycle lanes. If you have been affected by a cycling accident in a cycling lane, our specialist solicitors are here to provide you with assistance. Call our helpline on 0808 100 9995. The most commonly encountered cycling facilities are ‘on carriageway cycle lanes’ which may be defined by a broken white line, a solid white line or plastic bollards. (Highway Code 140). A similar arrangement is known as an ‘off-carriageway cycle track’ which is a facility physically separate from the carriageway  and may be shared use with pedestrians, the two halves being distinguished by a solid white line, kerb or height differential often with some tactile paving. Defects – Cycle facilities of whichever nature are still part of the Highway so fall under S41 of the Highways Act meaning that regular safety inspections (6 monthly) are required. This is a statutory obligation, so if there is a dangerous defect which has caused a crash the Highway Authority is potentially liable unless it can rely upon its statutory defence, namely that it can demonstrate a reasonable inspection regime and that there was no defect last time it inspected. Poor design  – The other cause of cyclists’ complaint is due to the cycle lane design. The media periodically reports examples of the more ludicrous shortcomings, but there is a huge amount of published design guidance out there from dimensions (width) to access control. The problem is that this is only guidance, so carries no statutory authority. A badly positioned bollard or similar is a design issue, so the common law applies.  If a cyclist is injured in a dismount due to for example an inconveniently located bollard lacking retro reflective material or a street sign pole in the middle of a cycle lane the Highway Authority will try to escape liability irrespective of all the published guidance which it may have breached by arguing what’s known as the common law test of foreseeable danger. Which makes life altogether much less predictable. Despite all the erudite works on cycleway design and engineering written by qualified experts in the field and published by the DfT, the claimant will still have to overcome the inherent resistance to highway claims held by certain judiciary who’ll likely not have ridden anything much since a bike with handlebar streamers and stabilizers. Vehicles – The Highway Code prohibits motor vehicles from entering or parking in an on- carriageway cycle lane defined by a solid white line and instructs drivers to avoid driving or parking in a lane identified by a broken white line “unless unavoidable”. Honoured more in the breach than the observance in practice. Despite clearly being marked as to be used by cyclists only, cycle lanes are a common place for cycling accidents to take place. It could be that car drivers use cycling lanes as place for overtaking other vehicles, it could be that they are using the lane as a place to temporarily stop whilst dropping other passengers, or it could be that vehicles have parked in the cycling lane, causing cyclists to swerve into the path of other road users. Whatever the situation causing a vehicle other than a bicycle to be in a cycling lane, the implications of this can often mean that a cyclist is seriously injured or even killed.

Common difficulties with cycle lane claims

Although it is possible to win an injury claim due to failures in design and construction, the Highway Authority will have a major sense of humour failure because it implies that their Highway Engineers and Highway Inspectors are not up to speed with the guidance or for whatever reason have failed to apply it. An injury due to a defect is a more straightforward proposition, but the inevitable retort from the Highway Authority will be “It wasn’t there when we last inspected, so we’re not liable. Thanks for telling us though, we’ll go mend it”. The answer is to keep an eye on the defect while 6 months ticks by and if it remains unfixed, present a claim. Essential to have images and measurements as at the time of the crash and not X months down the line. Irrespective of how cycle friendly a Local Authority may appear from the cycling pages on its website, present a claim arising from a cycle facility failure and it is likely to be a different experience.

How can we help?

We can assist you with a claim at no initial cost to you in most cases. Almost all of our cyclist road accident claims are funded through a Conditional Fee Agreement. More commonly known as a no win, no fee agreement, this will mean you will only pay for our services if you are successful in your claim.

Why choose Cycle SOS?

As cyclists ourselves, we know the dangers the roads present and have seen first-hand, the consequences that cycling accidents can have on both the cyclist and on their families. If you have been affected by the death of someone close to you in a cycling accident and are making a claim on their behalf, we are here to provide you with the support and assistance to ease your suffering. At Cycle SOS, we are not just cyclists and solicitors, but also cycling safety campaigners too. Cycle lanes should be free from other traffic and should be a safe place for cyclists to complete their journey. However, this is not always the case and unfortunately, cycle lane accidents do occur. To minimise the occurrences of these accidents, we regularly support campaigns raising awareness of cycling safety. Led by Paul Darlington, we are committed to cycling safety issues and are supporters of many initiatives introduced to increase the safety of cyclists in Great Britain. Initiatives we have worked with, include Cycling England, the Cycling Demonstration Town project and various cycle city expos. Call us for free on 0808 100 9995 to receive specialist advice and assistance in beginning your claim.

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FREQUENTLY ASKED QUESTIONS

There are several steps that cyclists can take to reduce their risk of being involved in a cycle lane accident, using lights and reflectors on their bike to increase visibility, following traffic laws and signals, signalling clearly when turning or changing lanes, and being aware of their surroundings at all times. Additionally, it’s important to regularly check and maintain your bike’s brakes, tires, and other components to ensure that they are in good working condition. By taking these steps, cyclists can help to protect themselves and prevent accidents on cycle lanes. If you have been injured in a cycle lane accident and need expert advice, please call us on 0808 100 9995.
Cyclists who have been involved in a cycle lane accident may be entitled to compensation if the accident was caused by someone else’s negligence. This could include a driver, a local authority that failed to maintain the cycle lane, or a pedestrian who stepped into the cycle lane without looking. It’s important to seek legal advice from a solicitor who specialises in cycling accidents to understand your options and ensure that your rights are protected. For expert advice after a cycle lane accident, please call 0808 100 9995.
Cyclists can advocate for better cycle lane infrastructure and safety measures by getting involved in local and national cycling groups and organisations, such as Cycling UK and Sustrans. These groups work to promote cycling and lobby for better cycling infrastructure and policies, and often have campaigns focused on improving cycle lane safety. Cyclists can also contact their local authorities to express their concerns and suggestions for improving cycle lane safety, and can participate in public consultations and meetings to provide input on new cycling infrastructure projects. You can contact 0808 100 9995 for expert advice following a cycle lane accident
If you have been involved in a cycle lane accident, there are resources available to you, including support groups. It is important to consult with a bike injury solicitor, who can provide you with the necessary legal guidance and support. They can help you understand your rights and options, and ensure that you receive the compensation you deserve. To get expert advice after a cycle lane accident, call 0808 100 9995.
Road markings and signage play a crucial role in cycle lane safety in the UK. Clear and visible markings, such as painted bike symbols and coloured surfaces, help to distinguish cycle lanes from the rest of the road and alert drivers to the presence of cyclists. In addition, clear signage that indicates the presence and direction of cycle lanes can help to guide cyclists and prevent confusion or collisions with other road users. If you have been injured on a cycle lane, you should contact an expert for advice at 0808 100 9995.

Cycle lanes, when properly designed and maintained, can offer several safety benefits for cyclists. They can help create a physical separation between cyclists and motor vehicles, reducing the risk of collisions. Cycle lanes can also increase the visibility of cyclists, making them more noticeable to other road users. Moreover, they can contribute to a more predictable and organised flow of traffic, reducing the chances of conflicts between cyclists and motorists.

Cycle lanes have the potential to provide a safer environment for cyclists, but their actual safety depends on various factors such as design, maintenance, and integration with other road users. It’s important to continuously evaluate and improve cycle lane infrastructure to ensure the safety of cyclists and encourage active modes of transportation.

Cycling in the incorrect direction in a bike lane poses a number of dangers. It increases the likelihood of colliding with oncoming bikes that are following the correct traffic flow, and it can also catch pedestrians and other road users off guard who are expecting cyclists to approach from the usual direction. This type of behaviour can result in accidents, injuries, and legal consequences.

Cyclists are legally expected to obey traffic laws. The Highway Code, which gives instructions for all road users, emphasises the need to obey traffic laws to guarantee the safety of all road users, including those on bicycles.

If you were injured in a cycle lane accident, you may be able to make a cycle lane accident claim. The following is a general outline of the procedure that you can follow:

  • Seek medical assistance: Your health and well-being should come first. If you have been injured, it is critical that you get medical attention promptly. Keep track of any medical procedures, appointments, and expenses associated with your injuries.
  • Collect evidence: Gather as much evidence as possible to back up your allegation. Photographs of the accident scene, information about any witnesses, and other documents, such as police reports or medical records, may be included. Take note of the accident’s exact location as well as any hazardous factors that may have contributed to it.
  • Report the collision: Inform the police as soon as possible about the accident. They will prepare an official report that can be used as evidence. Additionally, report the event to the local government in charge of the cycling lane, providing details about the accident as well as any harmful circumstances you noticed.
  • Consult a solicitor: It is best to speak with a personal injury lawyer who specialises in cycle lane incidents. They will assist you in navigating the legal system and determining the feasibility of your claim. Choose a lawyer who has handled bicycle accidents and is familiar with the legislation governing bike lanes.
  • Liability determination: Your lawyer will seek to ascertain who is to blame for the accident. They will assist with gathering any additional evidence, study relevant laws and regulations, and, if necessary, confer with specialists. Another road user, a poor cycling lane, or a combination of factors may be held liable.

Your solicitor will negotiate with the accountable party or their insurance company to reach a settlement. They will fight for a reasonable settlement that compensates you for your injuries, medical expenses, lost wages, and any other losses. If a reasonable settlement cannot be reached, the case may be heard in court.

If your matter is taken to court, your solicitor will represent you and present your facts and arguments before a judge. The judge will rule based on the evidence offered and the applicable legislation. It’s vital to remember that judicial proceedings can be time-consuming and stressful.

Please bear in mind that each case is unique, and the specifics of your accident may have an impact on the procedure. It is critical to speak with a skilled legal practitioner who can provide tailored guidance based on your specific circumstances.

A number of things can influence the outcome of your cycle lane accident claim. These are some examples:

  • Evidence: Gather photographs, witness statements, and relevant documentation.
  • Negligence: Establish the other party’s negligence or breach of duty of care.
  • Liability: Determine who is at fault for the accident.
  • Contributory negligence: Consider if you contributed to the accident or your injuries.
  • Medical assessment: document the extent of your injuries and their impact.
  • Time limits: Be aware of the time limits for making a claim.
  • Legal representation: seek advice from a personal injury solicitor.

It is always wise to seek independent legal advice. If you need advice that is tailored to your circumstances, please call 0808 100 9995 and speak to one of our specialist solicitors. We’re here to help. You can email us or schedule a callback.

If you have been injured in a cycling lane accident, you can seek assistance from:

Personal injury solicitors: such as CycleSOS, who specialise in such matters and offer legal advice, assess the strength of your claim, gather evidence, negotiate with insurers, and represent you in court if necessary.

Cyclist Organisations: Organisations such as Cycling UK provide accident victims with guidance, support, and resources, such as information on legal services and campaigning for cycling safety reforms.

Local Government: If the accident was caused by poor maintenance or a road defect, the responsible local government may be held liable. Contact them to report the occurrence and maybe obtain backing for your claim.

If you have been involved in a bike lane accident and would like trusted advice about your case, call 0808 100 9995 and speak to one of our specialist solicitors. We’re here to help. You can email us or schedule a callback.

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Cycle SOS is a trading name of Fletchers Solicitors Limited, registered office St James’ Tower, 7 Charlotte Street, Manchester M1 4DZ, company no 5743784.  Fletchers Solicitors Limited is authorised and regulated by Solicitors Regulation Authority, SRA number 469026.

 
Cycle Aid

Emily Pheysey

Litigation Executive

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Emily has over 7 years of experience in the legal sector, handling road traffic accident claims to recover compensation and support her clients. Her focus is to ensure all clients feel comfortable and at ease with the claims process so that they can focus on their recovery.

Emily considers rapport to be an essential part of the role and strives to always provide excellent client care.

Away from work, Emily enjoys spending time with her family and friends and travelling as much possible.

Diane Holderness

Litigation Executive

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Diane is a Ministry of Justice (TOJ) Team Leader within our Cycle Department. She has 11 years’ experience managing road traffic accident claims, and 6 years’ experience managing MOJ claims.

Diane enjoys a challenge and always strives for the very best results for her customers; something that is clear in the way her team continually adapts its strategies in order to secure the most desired outcome. Diane has worked her way through the legal ranks here, and is proud to now have a strong, specialist team that is committed to customer satisfaction.

Diane believes that happy clients make a happy working environment, and it is this that ensures a productive and efficient workforce.

Nina Haddock

Chartered Legal Executive

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Nina has over 30 years’ experience in the legal sector. She specialises in recovering compensation for injury claimants as a result of road traffic accidents. Her focus for each and every claim is to help her clients secure the funding that they need to pay for ongoing treatment and support.

Nina became a CILEX Fellow in 2006 and now helps her clients and their families at a time when they have been through a traumatic experience, and everything they hold dear to them appears to be changing.

One case Nina is particularly proud of is supporting a client who had successfully sought asylum in the UK, following a road traffic accident. The claim was successfully pursued through the MIB and the client was left with significant injuries. Her client was able to use the compensation to aid family members with their applications to seek asylum in the UK.

Julian Fox

Cycling Accident Solicitor

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Julian qualified as a Solicitor in 2005 and has worked in all areas of personal injury since 2000. Julian has a well-rounded understanding of personal injury law, having represented both claimants and defendants.

Julian always aims for maximum damages to meet his clients’ needs for injury and rehabilitation expenses, and can often secure interim payments to help meet clients’ financial needs. Julian is highly proactive in ensuring cases are progressed, ensuring a timely conclusion.

When not at the office, Julian is a keen cyclist, both on roads and virtually -he will often do an hour of ‘Zwifting’ in the mornings before starting work.

Richard Atherton

Cycling Accident Solicitor

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Richard has 12 years of legal experience and qualified as a Solicitor in February 2014. He has been a Team Manager with us since 2019. Throughout his career, Richard has specialised in personal injury, handling an array of Road Traffic Accident cases, in addition to employer and public liability.

Richard prides himself on his very strong strategic and planning skills, which come into their own in complex injury cases where more technical arguments are involved. On every case, he is committed to ensuring that his clients receive full compensation for their injuries.

Away from work, Richard enjoys sport; he is a season ticket holder at St Helens Rugby Club and a Liverpool FC fan. Not only a spectator, Richard also likes going to play golf as often as he can.

Dave Gardner

Litigation Executive

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Dave has over 20 years of experience in the legal sector. His specialism is personal injury and he has dealt with hundreds of cycling injury claims during his career. Excellent client care and communication is paramount to Dave. He prides himself on being accessible and available, attending court hearings where damages are in dispute to ensure the best outcome for his clients. One case Dave is particularly proud of is when he supported an elderly client who suffered serious injuries following a road traffic incident. The police had not taken any action against the defendant, so Dave had to be proactive and act within a 24-hour window. The case proceeded and the client was in receipt of £30,000 in damages, which he would not have been entitled to had the client not approached Dave. He is also an avid supporter of Glasgow Rangers and travelled abroad on many occasions to see them play in European competitions.

Gerard Horton

Partner

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Gerard is a Senior Solicitor at Cycle SOS. In his 13 years of experience, Gerard has built a national reputation in the catastrophic injury sector, dealing with high value and complex cases. Alongside his legal role, Gerard supports several charities including Headway Central Lancashire, Northwest Regional Spinal Injuries Centre and spinal injury charity, Back Up.

Julia Eyton

Partner

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Julia brings a wealth of knowledge and expertise to the Cycle SOS team.

Specialising in representing those who have had life changing injuries, Julia handles some of the most serious and complex personal injury cases both within Cycle SOS and nationally.

She often works on high value claims and is skilled in winning complex liability cases.

NADIA KERR

Partner

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Nadia has over 30 years of legal expertise and has represented hundreds of vulnerable road users. With a focus on ensuring timely rehabilitation, speedy repair or replacement of bikes and kit, and securing fair compensation, Nadia is committed to advocating for justice and client rights. Alongside her legal career, Nadia actively participates in national campaigns to benefit vulnerable road users and acts as a Trustee/Director for the national cycling charity, Cycling UK. Nadia was named in Cycling UK’s ‘100 women’ and was a founding member, now running a women’s cycling group, TeamGlow in South Manchester. Among her many achievements, Nadia takes pride in her spot on BBC Breakfast, where she provided expert commentary on long term government funding for pothole repairs.

Caroline Morris

DIRECTOR OF SERIOUS INJURY

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Caroline has specialised in personal injury for over 25 years, recovering more than £56 million in damages during that time, to help clients rebuild their lives after injury.

Caroline is committed to achieving rehabilitation options early, meaning her clients benefits from the best care and treatment at the earliest stage possible.