A Guide To Bicycle Accident Compensation Claims

By Steven Harrison


Motorists and Cyclists are the most vulnerable to accidents on the road after pedestrians. A cycle offers very little protection to the rider. Because of their size in comparison to bigger vehicles, they are less visible and they are hit at high speed. In case you get involved in a bicycle-car crash, you should make bicycle accident compensation claims. This should happen if you are sure that the other person was responsible for the calamity.

If you are the victim in a calamity in which you were not the cause, you can lodge a claim against the offender. There are many causes of accidents on the road. Whatever the cause, the victim has recourse to suing those responsible for it. It is the duty of the court to determine who will bear the responsibility for the crash.

If no injuries are suffered but the bike got damaged, you will still be allowed to seek payment for the losses suffered. Evidence that these damage were caused by the crash must be provided in a court of law. Again, experts in the area will need adequate evidence that proofs beyond reasonable doubt that all claims made by the affected party are true.

It must be demonstrated that the accused party was driving the vehicle in a careless manner. While they are driving all road users are needed to exercise care. In the event the injury happened due to poor road conditions, then the right persons to sue for damages are road authority bodies. If the driver is found innocent in such a case, the claim will fail.

If you have been injured and have sought medical assistance, you should keep all the documents relating to your treatment. The court can rule that you be refunded the money spent in that case if they are proved to be genuine. You can also be compensated for any loss of income you have suffered due to the injuries.

When the cyclist contributes to a crash even to a minor degree, the claim might be complicated. This will require the involvement of an attorney to advice on the right course of action. An experienced lawyer is in a position to offer the best approach on the matter. Justice must prevail for all the parties involved.

If the court decides that all involved parties are partly to blame for the calamity, the contributory negligence law will be applied. Where the plaintiff is found to have acted negligently and caused the calamity more than the defendant, the course of the claim will be defeated. Alternatively, the amount of the compensation claimed will be reduced.

In some case, the cyclist may forget to wear his helmet and sustain injuries to the head. In such a case, he guilty party will bear 75 percent of the compensation amount. Therefore, the bicycle accident compensation claim brought forward by the victim will be cut by 25%. It is crucial to observe all rules concerning road usage when riding, walking or driving.




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