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What Are the Implications When Motorists Owe Cyclists a Duty of Care?

Despite the fact that cyclists are more vulnerable than other road users, many drivers are impatient, uncaring and inconsiderate when it comes to cyclists in front of them. Under the general principle of negligence, all road users have a duty to take reasonable care and display reasonable skill to avoid causing accidents. This means that motorists must drive safely, keep a proper lookout, and avoid dangerous driving behaviour that could put other road users at risk.

The standard for judging whether a motorist is at fault for an accident is to consider what an average, competent motorist should have done in the same circumstances. For a claim to succeed, it will be necessary to show that a motorist was driving below this standard at the time of an accident, and that this breach of the duty of care owed to other road users directly caused an accident and the claimant’s injuries.

There are many circumstances in which a motorist may breach the duty of care they owe to cyclists. Generally speaking, motorists must give cyclists precedence on the road if they are ahead of them. Drivers must take care to overtake cyclists safely, allowing sufficient distance between while doing so, and avoiding cutting them up when they pull in after overtaking. They must also avoid pulling out in front of cyclists at junctions, and must properly check their mirrors before turning off roads.

Other specific examples of dangerous driving behaviour include motorists drifting into cycle lanes and hitting cyclists, and driving too closely behind them (tailgating), leaving a motorist insufficient time to stop if a cyclist brakes or turns, or otherwise distracting them and causing them to lose control and crash. Parked motorists may also be at fault if they open a vehicle’s door without checking the road properly and hit a passing cyclist. Inattention and driving too fast and/or aggressively are common factors when motorists hit and injure cyclists.

Our firm has dealt with many cases where motorists have breached the duty of care they owe cyclists and caused an accident, and have successfully brought claims on behalf of the cyclists involved. Over the years, we have become experts at dealing with such claims. Find out more:

When Can a Cyclist Claim Against a Motorist?

What Are the Risks of Using Rental Bikes, E-Bikes, and E-Scooters?

The growing market in the UK for rental bikes, e-bikes and e-scooters is already a massive market in the US, where Citi Bike, New York City’s biggest bike rental company, has been hit with numerous claims (amounting to millions of dollars) for bike crash injuries, many caused by poor maintenance and the defective state of its bikes. While customers are expected to check their rented bike, e-bike or e-scooter for damage before riding it, maintenance issues or manufacturing defects will not necessarily be apparent, while a software malfunction on an e-bike or e-scooter would be completely unforeseeable.

Another example of the risks facing rental bike, e-bike and e-scooter riders comes from Sweden, where the city of Stockholm was forced to suspend its e-bike rental scheme over fears that the vehicles could unexpectedly catch fire. The subsequent technical inspection found that an astonishing 58% of the e-bikes had known damage or faults, but were still available to rent. Many of these related to frame problems for which the e-bike supplier or manufacturer was most likely responsible. However, a proper system of inspection and maintenance by the city of Stockholm rental scheme operator should have ensured that riders were not put at risk of injury by being provided with unsafe e-bikes.

Either or both the rental company and manufacturer may therefore be to some degree responsible for bike, e-bike and e-scooter crashes and the resulting injuries. In the same way as rental companies, bike share scheme providers must also make sure that their bicycles are free from defects and safe to use. Riders risk serious injury if, for example, an e-bike travelling at 15 mph malfunctions and the rider loses control while crossing a busy junction. Both riders and pedestrians may be injured in accidents of this kind, and if the defective state of a bike, e-bike or e-scooter was the principal or contributing cause, both will be entitled to claim compensation.

If you have been injured in an accident caused by a defective rental or shared bike, e-bike or e-scooter, contact our firm for expert legal advice from solicitors who are themselves cyclists with many years of experience in claiming compensation for riders injured through no fault of their own. Find out more:

Rental E-Bike and E-Scooter Accident Compensation

Rental and Share Scheme Bike Accident Compensation

Have you had an accident whilst cycling?

Bartletts Cycling Accident ClaimWe all know how cycling has increased in popularity over the past few years and many more cyclists are now on the road than ever before – and sadly this means the number of cycling accidents has increased too, together with cycling claims.

Bartletts Solicitors in Chester are specialists in helping clients with personal injury claims and we are here to help if you have been injured in a cycling accident that was not your fault.

We will work hard to secure the compensation you deserve if you decide to make a claim.

As part of working with you during the cycling claims process, we will:

  • Help you secure the right amount of compensation
  • Arrange rehabilitation treatment such as physiotherapy or counselling as soon as possible, as the sooner you start the greater your chances of recovery are
  • Ask for an interim payment from the insurers to fix or replace your bicycle

We will support you at every stage of the claims process, ensuring you are rewarded with the right level of compensation and that your treatment needs are met. If you need extensive rehabilitation, we will work hard to secure funding from the other party’s insurers quickly and to arrange an agreed treatment plan for you going forward.

Make a Free Enquiry Today!

To discuss making a cycling claim and for expert legal advice, please call FREE on 0800 988 3674 or Tel: 01244 405 399 or complete a Free Online Enquiry and we will soon be in touch.

 

What Do Cyclist Road Accident Statistics Reveal?

The most recent Department for Transport (DfT) statistics, published in September 2021, show that 16,294 cyclists were injured in reported road accidents in 2020, with 141 killed, 4,215 seriously injured and 11,938 slightly injured. These figures do not include cyclist casualties that were not reported to the police, or cycling accidents that took place away from the road, meaning the true number of serious and slight injuries during the year is likely to be at least twice as high.

While the 41% increase in pedal cyclist fatalities in 2022 from the previous year was described as ‘staggering’ by the AA, overall cyclist casualties fell by 3.5%, and the number of deaths or injuries per mile travelled fell by 34% in 2020 year on year. Pedal cycles travelled an estimated five billion miles on UK roads in 2020, representing a 46% increase compared to the previous year, while cyclists took shorter journeys due to the impact of the pandemic.

While the steep and surprising rise in the number of cyclist fatalities in 2020 has worried cycling groups, it may be largely attributed to an increase in risky driving during the pandemic lockdowns. Overall, cyclist fatalities have remained flat over the last five years, having fallen significantly since 2005, which should mean that the spike in 2020 was an exception and largely due to lockdown restrictions.

If you are a cyclist and have been injured in a road traffic accident, contact our firm for expert legal advice from solicitors who are themselves cyclists, and who have recently handled cycling accident compensation claims against motorists and other road users.

When Can a Cyclist Claim Against a Motorist?

Cyclists Injured by Motorists

Our firm regularly handles claims on behalf of cyclists injured in collisions with motorists. The typical injuries which cyclists sustain when hit by cars and other vehicles are outlined below. Apart from the physical injury itself, compensation will also cover private healthcare treatment, physiotherapy, psychological therapy, expenses (such as the cost of travel to hospital appointments), loss of income and household adaptations.

Facial Injuries – Cyclists often hit their face when they fall from their bike, sustaining injuries including broken and fractured noses, jaws and eye sockets. Teeth may also be damaged, while abrasions caused by scapes (road rash) can leave long-term or permanent scarring.

Head Injuries – Head injuries from cycling accidents vary widely in severity, from minor cuts and scrapes to skull fractures and traumatic brain injuries. Cyclists often develop concussion from a blow to the head even if they were wearing a helmet, and this needs to be closely monitored to make sure the head injury is not more serious than it appears.

Broken and Dislocated Bones – The blunt trauma from the impact on landing when a cyclist is thrown from their bike can cause broken ribs, legs, and more severe broken back and neck injuries, which can result in spinal cord damage and paralysis. More commonly, a rider will attempt to break their fall with their hands and arms, resulting in broken and dislocated shoulders, arms, wrists, hands and fingers.

Soft Tissue Injuries – Most cycling accidents on the roads thankfully only cause minor injuries like cuts, scrapes and bruises. However, strains and sprains are also common, including torn ligaments, while whiplash is another possibility, particularly when a cyclist is struck from behind by a motorist’s vehicle.

Bartletts is a law firm with expertise and experience in cycling accident compensation claims. In one recent case we successfully claimed £60,000 in compensation for a cyclist who seriously injured his back after being knocked off his bike by a car that pulled out in front of him from a side street. If you are a cyclist and have been involved in a collision with a motorist, contact our firm for free, expert and reliable legal advice:

When Can a Cyclist Claim Against a Motorist?

Can I Make A Cycling Accident Claim?

Cycling has become very popular during the past few years and many more cyclists are now on the road than ever before – and sadly this means the number of cycling accidents has increased too, together with cycling claims.Bartletts Cycling Accident Claim

We are here to help if you have been injured in a cycling accident that was not your fault and we will work hard to secure the compensation you deserve if you decide to make a claim.

Cycling Accidents

During lockdown and Covid-19, the roads had been quieter and many more people had taken to cycling for transport or leisure – however, despite the fewer cars, there were still a high number of road accidents during 2020.

According to the Department of Transport’s report on Road Traffic Estimates for Great Britain for 2020, there was a 21.3% decrease in vehicles being driven on the road in 2020 compared to 2019 whereas the number of cyclists increased by 45.7% in 2020 compared to 2019.

Unfortunately, the drop in vehicles on the road did not lead to a drop in road traffic accidents – reported accidents between July 2018 and June 2019 included 3,760 fatalities and serious injuries, and 13,615 accidents causing minor injuries. During July 2019 and June 2020, there were 3,720 fatalities and serious injuries, and 12,080 accidents causing minor injuries.

Cycling Claims

If you have been injured in a cycling accident, your priority is likely to be to recover and to get back on your bike as soon as you possibly can – and we are here to assist you with this as our priority too.

As part of working with you during the cycling claims process, we will:

  • Help you secure the right amount of compensation
  • Arrange rehabilitation treatment such as physiotherapy or counselling as soon as possible, as the sooner you start the greater your chances of recovery are
  • Ask for an interim payment from the insurers to fix or replace your bicycle

How We Can Help You With Your Cycling Claim?

Cycling accidents can cause serious physical injuries as well as psychological injuries, and if you have been hurt in an accident that was not your fault, we are here to help you.

Making a cycling claim is about much more than securing compensation for your personal injuries – it is about helping you to recover and providing the support you need so you can get back to cycling as soon as possible.

We will support you at every stage of the claims process, ensuring you are rewarded with the right level of compensation and that your treatment needs are met. If you need extensive rehabilitation, we will work hard to secure funding from the other party’s insurers quickly and to arrange an agreed treatment plan for you going forward.

Make a Free Enquiry Today!

For specialist advice on your Accident and/or injury, please call us FREE now!

Phone:  0800 988 3674  or Mobile: 0333 200 4465, or complete a Free Online Enquiry and we will soon be in touch.

 

Why Did a Cycling Accident Go Viral?

A viral video showing a motorist colliding with a cyclist on a zebra crossing in Bradford has divided opinion, and shows just how difficult it can be in apportioning blame for accidents of this type. In the 11-second video, the rider begins to cycle across the zebra crossing just as a motorist drives over it without stopping. Seconds later, a second vehicle also fails to stop at the crossing and collides with the bike’s front wheel, causing it to veer off course and the cyclist to swiftly jump off his bike to avoid falling as the motorist drives off.

The question that divided social media users was whether the cyclist, motorist or both parties were at fault for what could have been a tragic accident. Many pointed to rule 81 of the Highway Code which states with reference to cyclists: ‘Do not ride across a pelican, puffin or zebra crossing. Dismount and wheel your cycle across’. The cyclist had clearly broken the Highway Code by failing to dismount and walk his bike over the zebra crossing, in which case both motorists would have been obliged to stop as they would for any other pedestrian. Further criticism included the fact that the cyclist did not wait for the traffic to stop before crossing, as well as his lack of high visibility clothing and helmet.

Other viewers believed that the second driver, in particular, was not paying attention and should have seen the cyclist and had time to stop at the zebra crossing, thus avoiding the collision. Motorists also owe cyclists a duty of care, and are obliged to drive safely and take reasonable care to avoid putting other road users at risk. In this instance, a careful and competent driver should have seen the cyclist on the zebra crossing and stopped to let them cross, rather than recklessly endangering him by failing to stop and causing a collision.

The consensus therefore was that both parties were at fault, though the degree of respective culpability and hence legal liability was hotly disputed. Often in the case of collisions involving cyclists and motorists, both parties are to some extent to blame, and this is the main reason why cyclists injured at zebra crossings and junctions should engage solicitors with experience and expertise in this area of law to obtain the best possible outcome.

When Can a Cyclist Claim Against a Motorist?

Why Has the E-Scooter Rental Trial Been Extended?

Transport for London (TfL) and London Councils (the local government association for Greater London) recently announced that they are extending the UK’s largest e-scooter rental trial in the capital for at least another year, in response to recently updated Department for Transport (DfT) guidance that allows local authority trials to continue until at least May 31, 2024. The extension also follows the UK government’s announcement of plans for forthcoming legislation to create a new ‘low-speed, zero-emission’ vehicle category, which would include e-scooters and seek to fully integrate them into the urban transport landscape.

London’s e-scooter rental trial was launched in June 2021 and has since grown rapidly, with a reported 4,425 e-scooters now available to hire across the city and almost two million journeys taken thus far. The main aim of all the e-scooter trials currently operating across the country is to use the accumulated data to learn more about e-scooters, and thereby shape future policy regarding their use on UK roads and in other public areas, particularly in terms of providing an affordable, green and sustainable urban transport alternative.

In this context, TfL stated that high safety requirements and operating standards will be further enhanced for the next phase of the capital’s e-scooter trial. They will be based on the experience to date, both in London and other cities and countries, as well as customer and stakeholder feedback and improvements in e-scooter technology.

Public safety is clearly the central priority, and riders will require public liability insurance if and when privately-owned e-scooters become legal to use on public land, including public roads. Currently, pedestrians, cyclists and other road users have little chance of legal redress if they are involved in an accident with a private e-scooter, although rental e-scooters are covered by insurance taken out by the operator.

Find out more about responsibility for e-scooter accidents and claiming compensation for being injured by an e-scooter rider:

Who is Responsible for an E-Scooter Accident?

Should Private E-Scooters Be Allowed on Public Roads?

As part of a new Transport Bill that could come into effect in 2023, the UK government intends to create a new category of ‘low-speed, zero-emission’ vehicles that will include e-scooters and most likely legalise their private use on public roads. While the government hopes that riders, pedestrians, cyclists and other road users have become increasingly familiar with the vehicles since rental trials began in 2020, the use of private e-scooters on public roads is controversial due to safety concerns over technical regulations and confusion over which areas they are allowed to access.

The benefits of e-scooters in official eyes include their positive environmental impact, especially reducing the number of cars and pollution in congested urban areas. The vehicles are also seen as an affordable and efficient method of transport, including for commuters and businesses delivering orders in towns and cities. E-scooter trials in operation across the UK are set to be extended until 2024, and the government hopes that sufficient information on the vehicles’ use will be gathered to ensure that technical regulations and safety standards are effective in the future.

The problems caused by e-scooters on pavements and in cycle lanes and pedestrianised areas like shopping centres will almost certainly get significantly worse once private scooters are legalised on UK roads. Many private e-scooters can comfortably exceed the current 15.5mph speed limit, and a combination of confusion as to where the vehicles can be used, and irresponsible and inexperienced e-scooter riders will continue to pose a risk to pedestrians, cyclists and other road users for the foreseeable future. Legalisation will at least have the benefit of regulating the use of e-scooters and making insurance mandatory to guarantee compensation for those injured in collisions with the vehicles.

If you have been injured in an accident involving an e-scooter, contact our firm for expert legal advice from solicitors who are themselves cyclists with experience of e-scooter accidents claims:

Who is Responsible for an E-Scooter Accident?

What Factors Have Contributed to the Upsurge in E-Scooter Accidents?

The government has published figures estimating the number of personal injury road traffic collisions involving e-scooters, in Great Britain, in 2021. The figures are provisional and based on data supplied by police forces up to the start of May 2022.

Most notably, the number of collisions involving e-scooters increased to 1,280 in 2021, up from 460 in the previous year. There were 1,359 casualties resulting from collisions involving e-scooters, compared to 484 in 2020. Roughly three quarters of these casualties (1,034) were e-scooter users, with the remainder being other road users. Nine people were killed in collisions involving e-scooters in 2021, all of whom were e-scooter riders, compared to one e-scooter rider killed during the previous year.

The number of serious injuries also climbed dramatically, with the figures showing that 390 people were seriously injured, and 960 slightly injured, in collisions involving e-scooters in 2021, compared to 129 and 354 respectively in 2020. E-scooter riders are also involved in an increasing number of ‘single vehicle collisions’ (accidents in which no other vehicles are involved), with 309 e-scooter riders experiencing this type of accident last year, up from 83 in 2020.

What the figures indisputably show is that the number of e-scooter accidents, and the injuries and deaths resulting from them, is rising rapidly, and there is no obvious reason why the e-scooter collision and casualty statistics will not continue on this sharp upwards trajectory. You can find our more about e-scooter collisions and who is legally responsible for an e-scooter accident on our dedicated page:

Who is Responsible for an E-Scooter Accident?

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    Mr Farr conducted my claim in a very efficient and congenial way. I was extremely pleased with the outcome.

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