Cycling Accident Claims

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Cycling accidents are increasingly common in Ireland. Good & Murray Smith LLP have dealt with numerous cycling accident claims, involving the negligence of another cyclist, driver, pedestrian, or local authority. Below, we have prepared a comprehensive guide that explains how the claims process works, what steps you should take, and how our team can help you regain control of your life.

The Duty of Care and Road Traffic Acts

Every road user owes a duty of care to others. Drivers, cyclists, and pedestrians must operate with vigilance and avoid causing harm. When that duty is breached and someone is injured as a result, the injured party may be entitled to recover damages. Damages are financial compensation for the physical, emotional, and economic impact of the accident.

What to Do Immediately After a Cycling Accident

As well as seeking medical attention, you should: 

  • Gather information: If you can, exchange details with the other driver (or parties) involved and note contact details of witnesses.
  • Report the incident: If more than one party was involved and someone has been injured, inform the Gardaí. An official record may prove essential later.
  • Document everything: Photographs of the damage, your bike, the scene, and any road defects are invaluable. Keep receipts for any expenses, and note all medical visits.
  • Consult a specialist solicitor: Speaking with an experienced cycling accident solicitor can clarify whether you have a viable claim and guide you on the next steps.

Common Injuries from Bicycle Accidents

Cyclists lack the physical protection that cars naturally provide. Common injuries that form part of personal injury claims include:

  • Neck and back injuries
  • Shoulder injuries
  • Spinal cord trauma
  • Arm, wrist, and hand injuries
  • Ankle injuries
  • Soft tissue injuries
  • Concussions and head injuries

Even if an injury seems minor initially, it is always wise to seek a thorough medical evaluation.

The Role of the Injuries Board

Before initiating a formal legal action in court, an injured cyclist in Ireland typically must submit a claim to the Personal Injuries Resolution Board (formerly known as the Personal Injuries Assessment Board (PIAB)). This statutory body evaluates the nature of your injuries and can make an assessment of compensation.

If both you (the injured party) and the alleged at-fault party accept the Board’s valuation, the claim may conclude without court involvement.

If the responsible party or their insurer rejects the Board’s assessment, or if you find the offer insufficient, you may proceed to litigate through the courts.

While this process sounds straightforward, it is important to ensure it is done properly so that the injured party receives the maximum compensation they are entitled to. Our solicitors at Good & Murray Smith will coordinate medical reports, correspond with insurers, and ensure you fully understand your options.

Legal Claims Process for Cycling Accidents

Initial Consultation and Gathering Details

When you contact our team, one of our experienced solicitors will begin by taking a complete account of how the accident happened. We will collect crucial details such as:

  • Names of parties involved
  • Insurance information
  • Vehicle registration details (if a car was involved)
  • Contact information of any witnesses
  • Police/Garda reports, if available

Every piece of information, however small, can be significant in demonstrating liability and pursuing your claim.

Letter of Claim 

Under Irish law, if you intend to seek compensation, you should issue a written “Letter of Claim” to the at-fault party (or parties) within one month of the accident date. This letter serves as official notice that you plan to pursue a legal remedy. Failing to send this letter in time may lead to adverse inferences if the matter proceeds to court.

Injuries Board Submission

Once the essential evidence is compiled (including a medical report from your treating doctor), your solicitor will submit an application to the Injuries Board. 

Injuries Board Assessment

If the at-fault party agrees to let the Board assess the claim, the Board will propose a compensation figure. Damages can cover:

  • Medical expenses (past and future)
  • Loss of earnings (past and prospective)
  • Pain and suffering
  • Damage to personal property (e.g., your bicycle)

If both parties accept the Board’s assessment, the matter concludes, and you receive the sum determined. Should either you or the at-fault party dispute the assessment, the next step is court proceedings, if you decide to pursue them.

Decision on Liability and Settlement Negotiations

In many instances, insurance companies will conduct their investigations and decide whether to accept liability. If liability is admitted, your solicitor can negotiate a fair settlement that fairly addresses your losses. If liability is denied, or the insurer’s offer is inadequate, we will advise on bringing the case to court.

Engineers’ Reports

Where necessary, a specialist engineer may be instructed to examine the accident scene, the vehicles, and your bicycle. Their technical expertise is invaluable in disputing or confirming any argument about who caused the collision or whether certain conditions contributed to the accident.

Medical Evidence

Alongside your GP or hospital records, we often arrange a consultation with a medical specialist. Their report detailing your injuries, the cause of those injuries, and long-term prognosis can be crucial to establishing the extent of pain, suffering, and ongoing care needs.

Court Proceedings (If Necessary)

If it becomes necessary to take the matter to court, whether due to a disagreement on liability or dissatisfaction with the Injuries Board assessment, your solicitor will guide you through the entire litigation process. 

Will My Cycling Accident Claim Go to Court?

Not every case ends up in court. The Injuries Board was created specifically to streamline and reduce the volume of personal injury litigation. However, a court hearing remains the ultimate recourse if:

  • The at-fault party or their insurer refuses to consent to an Injuries Board assessment.
  • Either side disputes the compensation figure suggested by the Board.
  • There is no valid insurance to cover the responsible driver.

If you prefer not to go to court, your claim may still settle through negotiation or mediation. 

Common Cyclist Accident Claims

Cycling accidents occur for many reasons. Each case is unique, but we often see:

  • Rear-end collisions
  • Hit-and-run incidents
  • Roundabout accidents
  • Uninsured driver collisions
  • Intoxicated driver collisions
  • Foreign-registered car accidents
  • Side-impact or minor-impact collisions

Frequently Asked Questions

Compensation can include:

  • General damages: For pain, suffering, and the emotional toll of your injuries.
  • Special damages: For tangible losses such as medical expenses, loss of earnings, rehabilitation costs, and any necessary travel expenses, and for damage done to your bicycle, gear, and other personal property in the accident.

Head injuries are the leading cause of fatal outcomes in cycling accidents, accounting for more than 60% of bicycle-related fatalities. However, soft tissue injuries, like sprains, strains, and contusions, are also very common and can significantly impact a rider’s recovery.

If you hit a cyclist and you’re found to be at fault, your motor insurance typically covers the cyclist’s medical expenses and any costs to repair or replace the bicycle. If you don’t have insurance, the cyclist may need to rely on their own health insurance to cover their treatment.

The compensation you might receive after a cycling accident depends on several factors, including how severe your injuries are, how long your recovery might take, and the overall financial effect on your life. Every situation is unique, so there’s no fixed amount. Consulting a solicitor can help clarify what you may be entitled to.

Local authorities have statutory protection absolving them of liability in certain cases where they have failed to act to repair roads and potholes (referred to as “nonfeasance”). Generally, they will only be liable where they have taken positive steps which caused a defect or hazard. It’s crucial to take photos of the defect and report it immediately to strengthen your case.

If an e-scooter or similar device caused your accident, you may still be able to claim compensation, depending on whether the rider acted negligently or the device itself was faulty. Liability could fall on the rider or the manufacturer. A solicitor can help identify who is responsible and guide you through the claims process.

Collecting detailed evidence often makes all the difference in building a robust case. Try to gather: 

  • Photographs or video of the scene and your injuries
  • Contact information for witnesses
  • Police or Garda statements
  • Vehicle registration and insurance details
  • Receipts and invoices for medical treatment and medication
  • Proof of earnings and any lost income documents

Yes. Not wearing a helmet does not necessarily preclude you from seeking compensation. However, the at-fault party’s insurer could argue contributory negligence to reduce your damages award. When you consult with our solicitors, we analyse all angles to help mitigate such arguments.

In some cases, a driver may feel that the cyclist’s actions caused a collision. Tort law applies equally, and if a driver or passenger was injured because of a cyclist’s negligence, they may also pursue a claim. At Good & Murray Smith LPP, we can advise either party based on the specific facts.

A well-supported medical report is central to establishing the severity of your injuries and how the accident affected your life. We collaborate with healthcare professionals to gather records that validate your symptoms, treatments, and any permanent disabilities.

Time Limits and Statute of Limitations

In most cases, you have two years from the date of the accident, or from the date you first realised you were injured, to bring a personal injury claim. However, statutory deadlines can vary depending on the circumstances. We encourage you to consult with our team quickly to protect your right to claim.

How We Can Help

Our personal injury team strives to make the legal process as transparent and stress-free as possible. We will strive to:  

  • Explain your rights and responsibilities under the law.
  • Help secure an accurate medical assessment of your injuries.
  • Prepare all relevant documents for the Injuries Board.
  • Negotiate with insurance companies.
  • Advocate fiercely if your case proceeds to court.

Next steps

Good & Murray Smith LLP has been trusted by clients with their most important claims for decades. For a confidential conversation about your potential bicycle accident claim, reach out to us today.

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For Expert Legal Advice on Personal Injury Claims

If you’ve been injured and believe you may have a claim, don’t wait. Good & Murray Smith LLP is here to help. Contact us to arrange a consultation to review your case and guide you through the next steps.