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Staying safe in the cycling lane

Cycling has become a more popular mode of transport recently.  Reasons for this include a desire to save money in the current economic climate, increased awareness of environmental issues as well as recognition of the health benefits of exercise.  Whilst cycling can be an enjoyable form of transport cyclists are among the most vulnerable road users. 

The facts and figures

Each year in this country over 16,000 cyclists are injured or killed in reported road accidents, including about 2,500 who are seriously injured or killed.  These are only the reported accidents - the Royal Society for the Prevention of Accidents estimate that between 60% and 90% of cyclist casualties are not in fact reported.

The figures available do indicate that over the last 10 to 15 years there has been a reduction in the number of cycling injuries, although the amount of cycling has increased.  It would seem that cycling has become significantly safer.  Nevertheless, cyclists remain vulnerable.  The most dangerous manoeuvres are, not surprisingly, right turns, left turns and overtaking. 

Fortunately, a relatively small proportion of cycling accidents lead to a fatality.  Of those which do, the most common cause is a vehicle travelling across the path of a cyclist.  Of particular danger in central London are heavy goods vehicles - while only 2% of injuries of cyclists resulted from a collision with an HGV, these resulted in a very significant proportion (22%) of reported cyclist deaths.

About 25% of the cyclists reported killed and injured are children.  It is interesting that cycling accidents increase as children grow older, peaking at the age of 16.  To some extent this reflects the increase in use of bicycles as children grow older but, as the Royal Society for the Prevention of Accidents has pointed out, it may also reflect more risky behaviour on the part of teenagers.  It should be noted that males are more likely to be involved in cycling accidents than females - 4 out of 5 cycling accidents involve males.

Avoiding injuries

Cyclists can take steps to help themselves avoid injury or at least reduce the severity of those injuries:

• Sufficient or further training - it is important to be fully aware of the Highway Code and to anticipate, wherever possible, the actions of other road users.
  
• Wearing conspicuous, light-reflective clothing and using good headlights and reflectors if travelling at night - many accidents do occur because the motorist does not see the cyclist.
  
• Wearing a helmet - helmets provide considerable protection, frequently reducing the severity of head injuries.

Your position after an injury

Injuries suffered by cyclists range from relatively minor injuries and fractures to severe head and spinal injuries which can have a catastrophic effect upon the injured person and their family.  It is very important to obtain legal advice from a solicitor experienced in these types of claims who will have specialist expertise to obtain adequate compensation for you and can, if appropriate, assist in obtaining sufficient rehabilitation for the more serious injuries.

Questions Often Asked

1.      If I wish to obtain compensation how soon should I make a claim?

You should contact a specialist solicitor as soon as possible after your accident before important information/evidence is lost, but claims must normally be made within 3 years (it can be longer in the case of a child or a person without mental/legal capacity).

2.      If I am cycling along and the door of a parked car suddenly opens, causing me to collide with it, could I have a claim?

Yes, provided that you were taking reasonable care and the car user did not give you adequate opportunity to avoid the accident.

3.      The car driver is responsible for the accident but I suffered a head injury which might have been avoided if I had been wearing a cycle helmet.  Can I still make a claim?

Yes, though depending on the nature and seriousness of your injury and the extent to which it could have been avoided, there may be a reduction in the amount of compensation that you can obtain.

4.      I had a cycling accident and suffered injuries but I think that I was probably as much to blame as the driver.  Can I still make a claim?

Yes, though if you were in fact partly to blame for the accident there would be a reduction in the amount of compensation that you obtain.

5.      Will I have to pay my legal costs out of my compensation?

No, we will recover your legal costs from the Defendant and you will recover 100% of your compensation.

Author: Samantha Chambers

Publication: Angel and Northwest Magazines

Date: June 2009