When a car driver is involved in a collision with a cyclist they will, in many circumstances, be deemed at fault for the accident and may be held liable in a cycling accident claim if the rider decides to make a claim for compensation.
However, if the cyclist has not taken proper precautions to protect themselves, they may be held partially liable for their own personal injuries.
Legal precedent has now been set by judges to apportion liability between the driver and the rider in cycling accident claims where a cyclist has not been wearing a safety helmet.
If a collision with a car has caused the rider to suffer personal injuries, such as brain damage, judges have reduced the amount of compensation the rider may receive if they were not wearing suitable crash protection at the time of the incident.
Likewise, if a cyclist is hit by a car at night and the rider did not have adequate lights fitted and no reflective clothing was being worn, they may be deemed to have contributed towards the collision for failing to make drivers aware of their presence on the road.
Cyclists involved in road traffic accidents are often subject to grievous personal injuries as a result of the lack of protection afforded to them and head injuries are often the main risk when a rider is knocked off their cycle.
However, by wearing a cycle helmet, riders may well survive an otherwise potentially lethal car accident and they will also protect their ability to claim maximum personal injury compensation in any civil action taken against the at-fault driver.
Wearing a cycle helmet, whilst not compulsory at law, is a sensible precaution when cycling particularly on busy roads and this may well be taken into account by a Judge when assessing damages for injury if he concludes that the injuries sustained would have been significantly less serious had a helmet been worn.
If you have been involved in a bicycle accident, our team of personal injury solicitors may be able to help you make a claim against the car driver’s insurer for compensation.
We can tell you quickly and expertly whether your case is pursuable and whether you would be able to claim maximum compensation.
If your injuries are significant we can swiftly arrange for an independent healthcare-trained case manager to assess you so that we can accurately make a claim for interim damages to reflect the extent of your injuries and their impact on your future life.
For more information about making a cycling accident claim today, please call George Ide’s dedicated personal injury department, at Lion House Chichester, on 01243 786 668.
Alternatively to contact a solicitor directly, please click through to our staff profiles as featured to the right of this page and in the People section.