What to do after a Cycling Accident
Experienced cyclist and TLW Operations Manager, Wayne Christie explains the practical steps that you need to take if you are unlucky enough to be involved in a bike accident.
Wayne is a member of British Cycling and as well as cycling frequently in the North East, he regularly cycles in France in the summer. He has completed Virgin Cyclone and Marie Curie Etape Pennines.
Wayne also regularly takes part in the Great North Bike Ride, first completing it when he was aged 12.
If you are involved in a cycling accident your first thoughts may not be collecting evidence. However, the law states that the person bringing the claim (Claimant) must prove their accident was caused through no fault of their own.
Therefore, if you are well enough to do so, you should start to gather evidence at the scene. If your accident is more serious, as soon as possible after the accident.
Alternatively, a family member or friend may be able to help you with this.
What evidence is useful?
- Details of the Defendant’s vehicle (registration, make, model & colour).
- Photos of damage, if any, to the car – this can indicate point of impact which may be crucial to determining fault.
- Photos of your injuries (you should re-take these in the days following the accident).
- Photos of damage to your bike, helmet, clothing, shoes and pedals.
- Photos of the road, junction or roundabout layout, including any traffic furniture, road signs and markings. This evidence can help indicate rights of way.
- If a pothole was the cause of your accident – clear pictures of the pothole. No ruler, no problem – most smartphones have a measurement facility which you can use to show length, depth and width of a pothole. Measurements can be a key factor in a successful claim.
Should I report my accident?
If you were knocked off your bike by a motor vehicle, you should always report the incident to the Police. If you happen to be involved in an accident with an uninsured driver or hit and run driver, you will need to pursue a claim through the Motor Insurers Bureau (MIB). Your claim will be rejected if it was not reported promptly to the Police. You should report any accident within 5 days.
Should I seek medical treatment?
It may seem obvious, but you should always seek medical treatment following an accident. You may not need go to Accident & Emergency, but don’t ignore your injuries. An injury may seem trivial, but it could develop over the days and weeks following the accident.
If you have not attended hospital or your GP there will be no record of your reported injuries and how serious they are.
- Go Pro, or other recording device?
The footage should be downloaded, saved and provided to your Solicitors as soon as possible. Footage can quickly determine fault and lead to a faster admission of liability.
- Garmin, Strava or ride tracker?
Tracking your ride can is a good way of showing the exact route you took. If your device is set to auto pause, a long stop could indicate the exact accident location. Download and save the data before providing a copy to your Solicitors.
- Quotes from a reputable bike shop for any damage to your bike and equipment?
Obtaining a quote from a local, reputable bike shop for the total damage to your bike, can help us recover the appropriate finances to have your bike repaired. We may even be able to agree this with the other side and have your bike repaired during the course of your claim. If your bike is deemed a ‘write off’ then you should obtain confirmation of this from the bike shop with a quote for a ‘like-for-like’ replacement.You may wish to include accessories in the quote if the bike shop sells the brands you use.
- Receipts for damaged clothing, shoes and other equipment.
We all know that pedals, cleats, helmets and performance clothing can be expensive. Whether your preference is Speedplay or Look, DHB or Castelli, keeping damaged property is important. This can be used to show the exact item lost through the accident and prove the pre-accident value. If you have thrown an item away, your online order history could be useful to confirm you bought the items you are claiming for. If you do not have a receipt for an item damaged, you may be able to find the same or equivalent item online.
- Finally, always seek the advice of a qualified Solicitor, even if you decide not to pursue a claim.
If you have been in a cycling accident, we can help you?
Get in touch with one of our specialist Cycling Accident Lawyers.
Call us FREE on 0800 169 5925 or start a claim online and we will contact you to take further details.
For added TLC, think TLW Solicitors.