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Do cyclists have any legal rights if they are in an accident resulting from the road conditions?

Personal Injury | 23-01-2019
Do cyclists have any legal rights if they are in an accident resulting from the road conditions?

If a cyclist has an accident due to poor road conditions, do they have any legal rights?

According to British Cycling, poor road conditions cause almost three times more collisions in cyclists than they do for cars. It has also been noted that “a defective stretch of road or a spillage or obstruction in the cyclist’s path” has contributed to 12% of accidents.

In the unfortunate instance you are involved in an accident due to the condition of the road;

  1. Firstly, take an evident picture with your mobile phone or handheld camera.
  2. Secondly, contact the local highways authority and report the incident. You may also contact the National Cycling Charity or use the mobile app FillThatHole to report the matter.
  3. Finally, take photos of any injuries you may have sustained as result to the accident and any damages to your bike.

It is the obligation of Highway Authorities to ensure all roads are properly maintained. The Authorities can be liable to pay compensation to a cyclist who is injured if this is breached. It is always advised though to seek legal advice surrounding this.

An injured individual may receive compensation as a result of any injury, suffering and pain sustained from the accident. This may also include any loss of wages or damage to clothing or the cycle.

The Government has since generated a system to make these claims elementary to process. However, this is for cases that are valued at £25,000 or less. Any claims above this amount must follow the Personal Injury process.

Claims can be made up to three years after the date of the accident.

It is advised that you seek legal advice if you are being treated medically or if there are any witnesses to the accident that had taken place. Call one of our experts now on 01772 252 222