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if I have a cycling accident case
If you were injured in a cycling accident you have every right to pursue a cycle accident claim, as long as the incident happened within the past three years. You may require life-long medical treatment and (if liability is admitted) the other party’s insurer will pay for that and restoring or repairing any damaged equipment.
In any civil personal injury case, it is up to you and your legal team to prove that a third party was indeed to blame for the accident that caused your injuries and damage to your bicycle.
Equally, as legitimate road users, cyclists must also follow all road traffic and highway laws. Not doing so carries the risk of prosecution. That said, a cycle accident claim is not decided on whether or not a law has been broken, but who is legally to blame for the accident on the ‘balance of probabilities’.
Many cyclists are concerned that they may not have a case for making a cycle accident claim and will be found to be ‘contributory negligent’ by not wearing a helmet, that is they have to accept some responsibility for their injuries. There is no law to compel cyclists of any age to wear helmets, even though doing so is recommended in the Highway Code and by many cycling bodies.
You could still have a good cycling accident case even if you were found to be contributory negligent and partly to blame for the accident. All that means is that a percentage of legal fault will be apportioned to both sides and any eventual financial damages award will reflect that percentage split.