Cycling Accident Claims

Cycling Accident Claims

Cycling is an emerging phenomenon in Ireland. With more cyclists on the road, it is vitally important for drivers to be wary of the risks to cyclists. Accidents can happen as a result of drivers failing to check blind spots, failing to use their mirrors properly, failing to leave adequate space when passing a cyclist on the road and potholes.

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At P.A Duffy & Co Solicitors, we represent individuals who have been involved in accidents while riding bicycles in Ireland and Northern Ireland. Our personal injury team are experienced, understanding and sympathetic and will work tirelessly on your behalf to secure the compensation you are owed for what has happened.

What to do if you are involved in an accident

If you are involved in an accident with a vehicle, you should first check is anyone hurt and seek medical help if necessary. You should then report the incident to the police, take details from the third-party including name and car registration. You should try to find out the other driver’s insurance details, as well as whether they are the registered owner of the vehicle.

If there are any witnesses to the accident you should also take their details and if possible, you should take pictures of the location of the accident including the position of the vehicle and bike following the collision.

If you have been involved in an accident as a result of a defect in the road, you should take pictures of the defect and measurements if possible.

How our personal injury solicitors can help

Cycling accidents can be very serious, given the lack of protection for cyclists and the speed that can often be involved in collisions. Our personal injury solicitors are very experienced in dealing with claims of this nature. While the claims process can vary it will generally take the format adopted below;

  1. Initial consultation – If you have been involved in a cycling accident you can arrange an appointment with one of our personal injury solicitors. Your solicitor will take your instructions on the circumstances of the accident and ask you to provide any additional details you may have including photographs and the third-party insurance information.

  2. Letter of Claim- Your solicitor will then send a letter of claim to the third party’s insurance company outlining the allegations of negligence made against the at fault driver.

  3. Engineers report – Your solicitor will then instruct an expert engineer to examine the accident locus as well as the vehicles/bicycle involved in the accident. The engineer will then provide a report on the cause of the accident, as well as an estimation of repair costs. This will then be sent to the third-party insurance company for their consideration.

  4. Medical Evidence – If you have been to your GP or the hospital after the accident your solicitor will obtain those medical notes and arrange an appointment with a specialist medical Consultant who will examine you and provide a report on the extent of your injuries.

  5. Decision on liability – The third-party insurance company is obligated to complete their investigation and provide a decision on liability within three months from the letter of claim being sent. If liability is admitted then your solicitor will enter in to settlement negotiations with the third party insurance company.

  6. Court proceedings – If liability is denied your solicitor will consult with you and come to a decision on whether to issue court proceedings as this will be the only available option to recover compensation. When Court proceedings are issued your solicitor will instruct a specialist barrister to help prepare your case for hearing. Court proceedings can also be issued in a case where liability has been admitted if we feel the compensation being offered by the insurance company is not sufficient. Our expert solicitors at P.A. Duffy & Co will advise clients on their options, but the final decision will always be made by the client, and we will ensure that their wishes are carried out.

FAQs

What kind of compensation can I seek in a cycling accident claim?

Compensation can vary but may include medical expenses, property damage, lost income, pain and suffering, and other damages related to the accident.

What documents and evidence should I gather for a cycling accident claim?

Document the scene with photos and collect witness statements if possible. Keep records of medical bills, repair estimates, and any correspondence related to the accident.

Can I still file a claim if I wasn't wearing a helmet at the time of the accident?

Yes, you can generally file a claim, but not wearing a helmet may affect the assessment of your damages and liability, depending on local laws.

How much personal injury compensation will I receive for myself following a cycling accident?

The amount of personal injury compensation you may receive following a cycling accident can vary significantly based on various factors. It's important to understand that there is no fixed or predetermined amount, as it depends on the specifics of your case. Some key factors that can influence the compensation you might receive includes the severity of your injuries, medical expenses, pain and suffering etc.

If you speak to us about your case, we will be able to give you an initial idea of the range of compensation that is generally awarded for the type of injury you have sustained.

How can I finance a cycling accident compensation claim?

We know that funding a compensation claim might be a worry, so we offer a range of options. These include:

  • Legal Aid

  • Legal expenses cover

  • After the Event insurance (ATE insurance)

  • Private payment

We will be happy to discuss funding with you to find the best option for your circumstances.

What is the time limit for bringing a cycling accident compensation claim?

In both the UK, the limitation period for personal injury claims, including those resulting from cycling accidents, is generally three years. This means that you have three years from the date of the accident or the date when you became aware of your injuries to bring a claim. It's important to note that there can be some exceptions to this rule in more complex cases, and the specifics may vary based on the circumstances.

In the ROI, the time limit for personal injury claims is also generally two years from the date of the accident. This is set out in the Statute of Limitations (Amendment) Act 1991.

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Our Personal Injury Solicitors

Conal McGarrityConal McGarrityDirector
Seanin SomervilleSeanin SomervilleLegal Executive
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