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:
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.
We 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.
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.
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.
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.
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.
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 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.