We have all seen reports that cycling is up by 200 to 300% as a result of the lockdown and strongly suspect that’s true from the number of cyclists we see on our rare journeys by car these days. New cycle shops are opening in many parts of Sheffield and the local Council has received criticism for opening new cycle-only lanes on several of the City’s main commuter routes.
Our Personal Injury team has noticed a corresponding increase in the number of cycling-related accidents we are dealing with both in rural and urban settings, including victims of drivers who deliberately drove at them.
Cycling accidents often lead to serious injury claims. We cannot understate how important it is to wear a helmet as well as protective and high-visibility clothing when you make a trip on your bike, however far you are intending to go.
From our experience of dealing with hundreds of cycling accidents, we would give the following tips to injured cyclists who are thinking about bringing a claim following an accident:-
At the scene of the accident
a) If possible and when safe to do so, use your mobile phone to take photographs and/or film of the location, all the vehicles and people involved including witnesses.
b) Accurately record the time of the accident – check with others that they agree that the time is correct.
c) Ask the driver involved for their mobile phone number. That may be a lead to important evidence at a later date if liability is denied, as the service provider will be able to ascertain if the motorist was using their mobile phone at the time of the accident.
d) Take names and contact details of the person(s) who was/were responsible for the collision and all those who witnessed it. Film the witnesses telling you what they saw.
e) Ensure you take the registration number(s) of all the vehicle(s) involved.
f) If you have a GPS or other record of your journey, make sure it is stored safely for future use if needed.
g) Record details of the Police officers who attend including their names, collar numbers and Police station. Often they will hand you a business card.
h) Make a record of the exact location of the accident. Either the Police, your SatNav or your phone will provide the details.
i) If you cannot do any of the above, ask someone else to do it for you as soon as possible after the accident.
After the accident
a) Report the incident to the Police if you haven’t already done so and obtain the Police reference number for the accident. Please do this even if you can’t trace the person and/or vehicle which caused the accident.
b) Arrange for all your damaged property including the bicycle and clothing to be stored in a safe place in case insurers want to inspect it later.
c) Report the accident to your insurers who will arrange for the repair/replacement of any damaged items.
d) If your accident occurred near buildings, consider visiting them to see if any of the occupants/residents were witnesses to the accident and take their contact details.
e) Where possible obtain 2 quotes for the repair/replacement of the bike. Ensure that you keep the damaged bike in a safe place. If it is to be repaired, take plenty of photos of it from many different angles showing all the relevant damage before it is mended.
f) Check if you have legal expenses insurance to cover the cost of bringing a claim against the person responsible for the accident. The cover could be contained in your house buildings and contents policy, in a specialist bike insurance policy or elsewhere. This could save you thousands of pounds at a later date.
g) Start to keep a record (preferably on a spreadsheet) of all your losses and expenses including receipts where possible from the date of the accident. Remember to include mileage to and from medical and other appointments and hours of unpaid care and assistance from friends and family.
h) Photographs of your injuries are helpful but not urgently required. If you do take them, ensure they are of high resolution, taken outdoors in daylight and start with a head-and-shoulders shot of you facing the camera followed by pictures of you pointing to the injuries and then close-ups of the injuries with a ruler, measuring tape or similar alongside them. The photos should be digital and contain metadata as to when they were taken. Please make a note of the name and contact details of the person who takes them.
i) Draw a diagram to show how the accident happened.
j) If possible, in some cases it will help your claim if you return to the scene of the accident and take photos and film showing the approaches of all parties to the accident location.
k) Instruct an established, reputable firm of solicitors that deals with injury claims, preferably one located close to you so that you will be able to visit their offices to consult with a qualified and experienced solicitor or other lawyer.
This list is not exhaustive, but may well help you if you are unfortunate to be injured whilst cycling anywhere in the UK. If you would like further information, please don’t hesitate to get in contact us by calling 0114 218 4000 or emailing info@tayloremmet.co.uk.
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