So, you are a cyclist, you are doing your bit for the environment whilst keeping fit at the same time, so why oh why did that car have to smack into you!?
Road traffic accidents between cyclists and motor vehicles are unfortunately very common, and guess who comes off worse? It’s a bit of a daft rhetorical question to be honest…
As a cyclist you are one of the most vulnerable road users and can be seriously injured if involved in a road traffic accident with a motor vehicle. After all, the only real protection you have is a helmet or some shin and elbow guards.
Generally motorists are usually at fault for a collision between a motor vehicle and a cyclist. The most common circumstances involving a cyclist and a motorist are drivers or passengers opening vehicle doors into the path of the cyclist. Another involves a cyclists travelling along with traffic and a vehicle attempting to turn into a side road without checking their mirrors properly. Finally, motorists pulling out from side roads without checking or checking adequately for cyclists on the main road is a common old story.
Claims made against cyclists are highly uncommon, -mainly due to the fact that they are not required to have insurance. However, there are often allegations made against the cyclist of contributory negligence, which is where the cyclist has in some way contributed to their injuries, and may therefore suffer a deduction of their compensation payout to reflect the level of their negligence.
The main point argued in cyclist cases would be that the cyclist was not wearing a helmet. If it is found that wearing a helmet would have decreased the injuries sustained, then the cyclist can be held contributory negligent, i.e. partly responsible, for their injuries.
Another common cause of contributory negligence being placed on the cyclist is that the cyclist failed to keep a proper look out. This was shown in the case Clenshaw vs Tanner where the Defendant was a recovery vehicle indicating and turning left into a side road which meant they had crossed the cycle lane. The Claimant, a cyclist, travelling in the cycle lane collided with the rear of the Defendant’s vehicle. The Court said that “any cyclist who is taking reasonable care for his own safety knows that any vehicle turning left ahead of him will endanger him”. The cyclist was held 50% responsible in this case.
This shows that cases involving cyclists are not always straight forward, and this is mainly because cyclists owe a duty of care to motorists as much as motorists owe a duty of care to cyclists. Cyclists are expected to keep a proper look out and assess the hazards that motorists may cause.
However, motorists should be more careful in checking for cyclists before beginning a manoeuvre.
Here at The Injury Lawyers, we have dealt with, and are dealing with, a significant number of road traffic accidents involving cyclists who have become the victim of a careless motorist, and we therefore have the skill and knowledge to succeed with your claim.
If you have been involved in a road traffic accident as a cyclist and have been injured as a result, whether it’s bumps and bruising or broken bones, our friendly team here at The Injury Lawyers are the people for you.
For free professional and legal advice on whether you can make a claim for personal injury the please call our free claims line on 0800 634 75 75.
