Compensation for Bicycle Accident Claims
Cyclists, whilst having the same rights and obligations as any other road users, are by far the most vulnerable on our roads. Bicycle accident claims made by cyclists are treated in the same way as all other road traffic accidents. If you have been involved in an accident that was the fault of another party you should speak to a solicitor immediately. A solicitor can help assess your bicycle accident claim and take you through the steps involved in claiming compensation.
In the case of a road traffic accident involving a cyclist, the negligence of the other party must be shown to have caused your injury or the damage to your bicycle. The usual cause of injury to a cyclist is the act of another road user. However, liability can also arise if the injury results from poor road conditions or potholes in circumstances where cyclists are owed a duty of care.
What to Do Following a Road Accident?
If you are involved in a bicycle accident, the first concern should be your health. In a collision between a car and a bicycle, more often than not the cyclist who will come off worse. Depending on the severity of your injuries you may or may not need to call an ambulance. If you consider your injuries to be minor you should still seek medical assistance, as the full extent of your injuries may not be immediately apparent.
You should also note the vehicle registration, insurance details of the driver and the contact details of any witnesses. If you have a camera phone it is also advisable to take pictures of the scene.
In less serious cases the Gardaí will not attend the scene, in which case you need to report the details to your local Garda station at the earliest opportunity. In the case of a more serious accident, the Gardaí will attend the scene and compile their own report of the accident. You or your solicitor will be able to acquire a copy of this report to support your personal injury claim.
The formalities involved in making bicycle accident claims are the same as other road traffic accidents. Any claims have to be submitted to the Injuries Board who will assess your claim and in the event of dispute, your claim may be pursued in court. See our blog post on bringing a personal injury claim for more detailed information on this procedure.
Bicycle Accident Claims Compensation
The value of your bicycle accident claim will be dependent on many factors. The extent of your injuries, the length of time they take to heal, damage to your bike, loss of earnings etc. can all be taken into account when awarding compensation.
It is commonplace for an insurance company to offer a settlement soon after the accident. This is in their interest as a quick pay out can save them money in the long run. Don’t accept an offer without speaking to a medical professional and seeking independent legal advice first. Settling early is the quick solution but can leave you under compensated if the full extents of your injuries are not immediately apparent following an accident.
It is often the case that many factors combined to cause an accident. The contributory negligence of a cyclist (e.g. cycling without lights at night, cycling without proper reflective gear or without a helmet) may well have helped cause the accident. In these circumstances, any award will be reduced according to the degree of contribution the cyclist made to the accident.
Contact Regan Solicitors With Any Bicycle Accident Claim Questions
If you are thinking of making a bicycle accident claim it is important to speak to a solicitor as soon as possible. Regan Solicitors can talk you through your claim and discuss issues of contributory negligence should they arise. We can handle your claim from start to finish to ensure you receive the correct level of compensation. Please contact us on 01 6874100 or fill out our contact form and we will be in touch shortly.