Cyclists are one of the most vulnerable road users in Scotland. When a cycling accident happens, the injuries tend to be serious. The subsequent legal proceedings are rarely fought. Cycling accident cases are one of the most challenging areas of personal injury practice, and solicitors such as Watermans deal with them with the expertise they need, given the severity of the injuries, the well-financed insurance companies that often face them, and the presence of contributory negligence arguments.
The liability challenges cyclists face
More often than many other types of road accident, cycling accident claims are the subject of liability disputes. Insurers acting on behalf of the at-fault driver frequently argue that the cyclist’s position on the road, speed or lack of lights contributed to the accident. These arguments are sometimes made even when there is no evidence for them, as they can minimise the amount of compensation that would be paid if they were accepted. A specialist solicitor knows what these arguments are going to be, and can prepare the case to proactively deal with them, instead of responding to them once they have been made.
The most common types of cycling accident
One of the most frequent sources of severe bicycle injuries is when a bicycle is involved in a “dooring” incident, which occurs when a car door is opened into a cyclist’s path. Another common type of collision is a junction collision, where the driver does not yield or does not notice the cyclist. Most serious cycling injuries result from overtaking accidents, which occur when a driver overtakes too close or cuts off a cyclist. These are all different types of incidents that present unique legal arguments and evidential approaches. A solicitor who works in all three areas has a wider range of analytical tools than someone who occasionally does cycling claims work.
Why the evidence gathering process matters so much
Much of the evidence that is available in the immediate aftermath of a cycling accident will play a role in how the liability dispute is resolved. The solicitor will have to piece together the picture from CCTV footage from nearby cameras, cyclists’ or road users’ dashcam footage, witness accounts, road surface condition records, and, in serious cases, accident reconstruction evidence. It is important to obtain this evidence promptly. A specialist solicitor makes efforts to keep it as a priority, before it is overwritten or becomes inaccessible.
The severity of cycling injuries and its impact on the claim
Bicycle crashes often result in more serious injuries than do vehicle-to-vehicle crashes. Head injuries, spinal injuries, multiple fractures and significant soft tissue damage are all common presentations. The medical evidence that needs to be submitted for a serious cycling claim is equally thorough. It should not only deal with the immediate injuries, but also the long-term functional consequences, prognosis for recovery or deterioration, and complete employment, care, and lifestyle consequences of a serious injury. An expert solicitor can commission, coordinate and deploy this evidence and create a claim that captures the true cost of what has occurred.
The negotiation that follows
Very few cycling accident claims make it to court. That negotiation and the result it yields reflect the preparation that went into it. A claim backed up with solid liability proof, full medical proof and a comprehensive quantum schedule will provide the solicitor with the ammunition to fight poor offers and to present the claim with confidence. A claim that fails to meet any of these requirements is a claim that is settled for less than it is worth.
Choosing representation that matches the claim
The most crucial thing a cyclist has to make after suffering a road injury is who they choose to represent them. The initial solicitor selected dictates the course of the remainder of the process. The approach to liability investigation, medical evidence, and quantum assessment is different in the context of experience in cycling claims rather than road traffic claims in general. That distinction is always seen in the results obtained with clients whose claims are managed by real experts.
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