A guide to making a cycling accident compensation claim in Scotland

Cyclists are considered vulnerable road users because they are at high risk of injury. All too often, cyclists are harmed in accidents caused by drivers failing to pay them adequate care or attention.

As a cyclist, you are entitled to the same legal protection enjoyed by other road users. If you have been injured on the road, you could be owed compensation. For tailored advice from our knowledgeable cycling accident compensation claims lawyers, call 0808 278 9244 or complete our online contact form.

What do I need to prove to make a claim?

To establish your right to compensation, your claim must prove that:

  • you were owed a duty of care by the person you are claiming against;
  • that person failed to observe their duty and so caused you injury.

Duty of care

All road users owe others on the road a duty of care. Drivers are expected to exhibit the skill and care of a reasonably competent motorist; they should not do or forget to do anything that a reasonable person could foresee would cause another harm.

Proving negligence

When a fellow road user has failed to uphold the duty of care they owe you, they will be liable for any injury they have caused you. Proving that a road user was negligent and that that negligence caused injury requires extensive evidence, as well as a sound understanding of the laws governing personal injury claims. Specialist help can prove vital in establishing this central aspect.

How much compensation could I be owed?

The value of your claim will depend on several factors, including:

  • the severity and location of your injuries;
  • the degree of pain and suffering you have experienced;
  • the personal impact the accident has had on you.

Damage to your bike or gear may also be compensated.

A solicitor experienced in handling cycling accident claims can give you further insight into what you could be owed.

How to claim in different circumstances

If the person who caused your accident is uninsured or untraceable, you can still access compensation through the Motor Insurers’ Bureau (MIB). Similarly, if you are injured abroad, you are entitled to seek compensation in accordance with your rights under UK law.

In complicated cases such as these, it is strongly recommended that you seek legal support. The team at Lawford Kidd Personal Injury Lawyers are here to help.

Uninsured drivers

Despite it being illegal to drive without insurance, many motorists do. If you are involved in an accident with an uninsured driver, you may be able to access compensation through the MIB Uninsured Drivers Agreement.

Hit and run

Being involved in a hit and run incident can be deeply upsetting, especially if tracing the driver proves impossible. If you are injured in these circumstances, you may claim compensation via the MIB Untraced Drivers Agreement.

Being injured abroad

If you are injured through another’s negligence whilst cycling abroad, you have the right to claim compensation. You are entitled to have a UK-based legal representative assist you with your claim.

Time limits on making a claim

Usually, claims for personal injury in Scotland must be made within three years of the incident’s occurrence, or the date when it became apparent that you had suffered an injury. Different rules apply to children and those who lack mental capacity.

If the incident happened abroad, local laws and time limits might apply.

Contact our Cycling Accident Claims Lawyers Edinburgh & Glasgow, Scotland

Cyclists are among the most vulnerable road users, yet motorists often fail to give them the care, space and time they need to stay safe. Lawford Kidd believes that cyclists injured through no fault of their own deserve meaningful compensation, and our personal injury lawyers will fight tenaciously to secure it for you.

We support clients across Scotland, working on a no-win-no-fee basis to ensure access to justice for everyone. We work with you closely to build a full picture of the harm you have suffered, and, unlike most personal injury litigation firms in Scotland, we can give you 100% of the compensation you are entitled to. Speak to us today to learn whether you could have a claim and find out how much it could be worth – call 0808 278 9244 or use our online contact form.

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