Cycling on the UK’s roads can be risky; cyclists are in a vulnerable position, and as specialist cycling accident solicitors, we see countless claims where a cyclist has been injured due to the negligence of other road users.
However, there are some cases where the cyclist is either partly, or wholly at fault for a road traffic accident. Here, we discuss what you should do if you think you were at fault for a cycle accident.
What should I do if I think I’m at fault?
Regardless of who is at fault, the main concern after a road traffic accident is to make sure that everyone involved is safe. If there are injuries involved, you’ll need to seek medical help and the accident should also be reported to the police.
Once the initial shock of the accident subsides and medical attention has been given, thoughts often turn to who caused the accident.
It’s important to note that even if you think you might be at fault, you should try to remain calm and avoid admitting fault at this stage. Liability is not always straightforward, and you should still gather evidence as this will be crucial for any future claims. Take photographs if you can and try and get contact details for any witnesses at the scene. You’ll also need to exchange details with the other party.
Liability and cycle accidents
Establishing liability in a cycle accident can be a complex process and it’s not something that should be dealt with hastily. It’s important to seek legal advice as soon as possible after an accident, as speaking to a solicitor in those early stages can help significantly with the outcome of your case.
While you might think you’re to blame, it could be that culpability is split between the parties. If you’re involved in a collision, our team of cycling accident solicitors will gather evidence and investigate your claim, using reconstruction techniques to help determine who is liable.
Can I make a claim for compensation if I was partly to blame for the accident?
Even if you were partly at fault, you could still be eligible to claim compensation. In cases involving split liability, your solicitor will mediate with the other party’s solicitor to determine the culpability between the two parties as a percentage. Your compensation will then be adjusted based on this.
Can I claim if a wasn’t wearing a helmet?
While you are not required to wear a cycling helmet by law, The Highway Code does recommend it. That said, if you weren’t wearing a helmet at the time of the cycle accident, you may still be able to make a claim for compensation. However, not wearing a helmet may mean that you are deemed partly responsible for your injuries (known as contributory negligence), and this may be reflected in your compensation settlement.
Can I make a claim if the accident was caused by another cyclist?
Yes, if you’re involved in an accident with another cyclist and you believe they were negligent, then you may be able to make a claim against them. However, making a claim against another cyclist can be tricky, especially as many cyclists are uninsured.
What to do if I’ve had an accident with a car
If you are a cyclist involved in a collision with a car, it’s important to seek legal advice as soon as possible. It could be that the car was speeding, that the driver didn’t see you, or that you had right of way. By speaking to a specialist cycling accident solicitor early on, they will be able to tell you if you have a claim.
Cycle accident solicitors
If you’ve had a cycle accident, it’s important to get the right legal representation. At Cycle SOS, our team of cycling accident solicitors have been representing injured cyclists for over 30 years. We understand the common arguments used against cyclists and will fully investigate the circumstances of your cycle accident to build a strong case on your behalf.
To speak to us about your cycling accident claim, call 0808 100 9995 and get in touch with one of our specialist solicitors. We’re here to help. You can email us or schedule a callback to make a claim.
