Your Rights if You are Knocked off Your Bicycle

With many more people choosing to take the environmentally friendly approach of using a bicycle rather than a car, it’s inevitable that the number of road accidents involving cyclists is also increasing. If you are a cyclist, you should be aware of what your rights are when it comes to road traffic accidents in the off chance that you may be knocked off your bike at some stage in the future.

Hopefully that will never happen, but following the correct procedures if it does can save you a lot of stress and at times money. It’s good to know the laws from the perspective of the cyclist and the driver and both are outlined below.

Your Rights as a Driver if you Knock a Cyclist Over

As a responsible driver, you should always be on the look out for cyclists. As you’re in a far more powerful vehicle, the danger that you pose to cyclists is immense and therefore the majority of cases, it’s very difficult to prove that the cyclist is at fault if they’ve been hurt in a road accident.

Cyclists don’t have to have any insurance to cover their bike, themselves or other vehicles. They may have cover through their home contents policy or through their work policy if the accident happens on the way to work or the way from work. If you decide to pursue a claim against a cyclist and they have inadequate insurance, then it could be a difficult and lengthy process. You should seek the advice of a solicitor in this case.

Always remember that you should never drive away from the scene of an accident. Even if the cyclist seems fine at first, you should seeks witnesses and get all their details.

Your Rights as a Cyclist if You’re Knocked Off Your Bike

Cyclists don’t have the safety of car roll bars and cages around them if they’re in an accident so are extremely vulnerable. Even if you consider yourself to be a very experienced and safe cyclist, you must be fully aware at all times of the traffic around you and any threats it poses. For your own safety you should wear a cycle helmet, reflective clothing and have a full understanding of the Highway Code.

Should you ever have the misfortune of being involved in a minor accident, make sure that you get all the details you need from the other person involved. There are some very important steps that you should follow if you find yourself in this situation:

• Report the accident to the police within 24 hours. If you’re injured you’re legally required to do this.
• Get medical treatment if you feel that you require it. If you only have minor injuries, it is worth having them checked
• Obtain all the details of the other party involved in the accident and look for witnesses who are willing to comment also
• If there are no other parties involved and you have hit a stationary car due to your own error, leave a note on the car with your full details
• If you have an accident because of the road conditions, get as many witness details as possible and if you have a camera, get a photo of the road defect.

Using a Solicitor to Represent You

If you decide to raise a claim against another drive, you will have three years from the date of the accident to do so. It’s always better to do it sooner rather than later because it’s easier for your solicitor to hunt down witnesses. You may still be receiving medical attention also, so it’ll be more prevalent to the case should you proceed. Be fully aware of the situation under which the accident occurred as even small details, such as you being slightly outside the cycle lane, could result in you losing the claim.