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Cyclist Hit By A Car Pulling Out Of A Drive – Who Can Claim?
By Danielle Jordan. Last Updated 4th December 2023. Being hit by a car pulling out of a drive whilst cycling can result in serious injuries. Anyone at the wheel of car must drive with due care and attention to avoid accidents. If you suffered a cycling injury through driver negligence, you could be entitled to file for compensation for damages as well as pain and suffering.
Cyclist Hit by a Car Claims Guide
If you were hit by a car pulling out of a drive whilst cycling and suffered injuries, you could file for a compensation claim because a court could rule that the person at the wheel was negligent and not driving with due care and attention as required by UK law. One of the more common cycling accidents involves cars either reversing or pulling out of driveways which results in cyclists either colliding with the vehicle, swerving to avoid a collision or being knocked off their bike and sustaining cuts and bruises.
Read on for more advice on what to do if a driver hit a cyclist with a car while pulling out of a driveway. To speak to an advisor about how we could potentially help you claim compensation as a cyclist, you can get in touch by:
- Calling us on 0800 073 8804
- Using our online contact form
- Messaging the live chat below
Select A Section
- Who’s At Fault When A Cyclist Is In A Car Accident In The UK?
- What Evidence Do You Need To Prove A Cycling Accident Claim?
- Cycling Accident Compensation
- What Can I Claim For After A Cycling Accident?
- Cyclist Hit By A Car – No Win No Fee Legal Help
- Helpful Resources
Who’s At Fault When A Cyclist Is In A Car Accident In The UK?
To be eligible to make a personal injury claim as a cyclist injured in a road traffic accident, you will need to prove that your injuries were caused by another road user breaching the duty of care they owed you.
Under the Road Traffic Act 1988, all road users, including cyclists, drivers and pedestrians, owe each other a duty of care. Per this duty of care, all road users must navigate the roads in a way that prevents injury to themselves and others. Additionally, all road users must adhere to the rules and regulations set out for them in the Highway Code. If another road user failed to adhere to this duty of care, this could result in you being injured in a road traffic accident. A breach of duty of care that leads to injury is known as negligence.
For example, if a driver failed to check if a junction was clear before pulling out and they hit a cyclist with their car, they could be liable for the accident. If the cyclist suffered any injuries, they might be eligible to make a compensation claim. Later in this guide, we will provide examples of the evidence you could present to help prove who was liable for the accident and help support your cyclist claim. We will also provide examples of the types of injuries that could be caused by a car hitting cyclists.
Contact our advisors today to receive free legal advice for your potential cyclist claim. They could also answer any questions you may have, such as ‘A car pulled out in front of me, and I hit them, could I make a claim?’
Cyclist Hit By A Car – Claim Time Limits
The Limitation Act 1980 sets out the time limit in which you must start a claim. As per the act, a claim for negligence must be started within three years of when the accident occurred.
This does not apply to claims for cycling accidents involving minors. If a cyclist who was hit by a car and injured was under 18, their time limit would only begin from their 18th birthday. They would have three years to do so from this date. Before then, a cyclist claim could be made at any point by an appointed litigation friend acting on their behalf.
A similar provision is made for people who are mentally incapable of starting a claim. If they gain the ability to represent themselves, they will have three years to claim. Otherwise, their time limit is indefinitely suspended, and an appointed litigation friend could start a claim at any point.
If you were hit as a cyclist by a car pulling off a drive, please get in touch with one of our advisers to learn more about your eligibility to take legal action. All consultations are free, there is no obligation to use our services afterwards and one of our advisors can answer any questions you have about cycling accident claims.
What Evidence Do You Need To Prove A Cycling Accident Claim?
If you were hit by a car while riding a bike and would like to pursue personal injury compensation, you will need to collect evidence for your road accident claim.
Examples of evidence to help support legal action include:
- Witnesses’ contact details – Taking down the contact information, such as phone numbers of potential witnesses or another party who provided first aid allows their statements to be taken by a professional at a later date.
- Video or photographic evidence – for example, you could photograph any visible injuries or damage to your bicycle. If your accident occurred in a place with CCTV, you can request the footage, or you may have helmet cam footage.
- Medical evidence – your medical records could demonstrate any medical attention you have received for your injuries.
- Police report – for example, if a witness phoned emergency services and the police came to the accident scene.
If you have been injured in a cycling accident, our expert solicitors could work with you to improve your chances of securing a compensation payout. Get in touch for a free consultation at any time.
Cycling Accident Compensation
In a successful cycling accident compensation claim, you could be eligible to claim under two heads:
- General damages are awarded for any pain, suffering or loss of amenity caused by your injuries. Medical evidence, such as a doctor’s diagnosis, may prove the extent of your injuries.
- Special damages compensate you for any financial losses and out-of-pocket expenses inflicted by the accident and your injuries. For example, you could claim compensation for loss of earnings, medical costs or damage caused to your bike.
When calculating cycling injury claims, legal professionals use the Judicial College Guidelines to value general damages. Please note, however, that the figures in our table should only be used as guidelines and are not representative of how much compensation you will receive in a successful claim. Additionally, the top figure is not from the JCG and is provided to show you how much a successful claim could be worth.
| Injury | Severity | Notes | Potential Compensation |
|---|---|---|---|
| Multiple Serious Injuries and Special Damages | Very Severe | Settlements could include compensation for multiple injuries that are of a serious nature and expenses, such as loss of income, mobility aids and home modifications. | Up to £1,000,000+ |
| Brain Damage | Very Severe | Injuries in this bracket result in little to no meaningful responses to the injured party’s environment, double incontinence, lack of language function and the requirement for full time nursing. | £282,010 to £403,990 |
| Arm Amputation | Loss of One Arm (i) | The claimant’s arm has been amputated at the shoulder. | Not less than £137,160 |
| Leg Injuries | Amputations (iv) | In this bracket, one of the claimant’s legs has been amputated below the knee. | £97,980 to £132,990 |
| Leg Injuries | Severe Leg Injuries (ii) | This is a very serious injury that has caused permanent mobility problems. | £54,830 to £87,890 |
| Neck Injuries | Severe (ii) | Injuries found in this bracket are of considerable severity and usually involve serious fractures that cause disabilities. | £65,740 to £130,930 |
| Back Injuries | Severe (ii) | Back injuries in this bracket have special features, such as nerve root damage resulting in the loss of sensation, mobility impairments along with impairments to the bladder, bowels and sexual functioning and unsightly scarring. | £74,160 to £88,430 |
| Arm Injuries | Substantial and Permanent Disablement | This bracket applies to serious fractures to one or both forearms and this results in a significant residual disability that is expected to be permanent. | £39,170 to £59,860 |
| Shoulder Injuries | Severe | The claimant has a significant disability, such as from a serious brachial plexus injury. | £19,200 to £48,030 |
| Pelvis and Hip Injuries | Moderate (i) | The claimant has suffered a significant injury but if they have a permanent disability as a result, it is not major. | £26,590 to £39,170 |
A car hitting cyclists could result in serious injuries. If you have been affected by a cycling accident, get in touch with our advisors for an estimate of how much compensation your cyclist claim could be worth.
What Can I Claim For After A Cycling Accident?
If you suffered a severe injury when hit by a car pulling out of a drive whilst cycling you could be entitled to file for compensation against the driver’s insurance company. A personal injury solicitor can assess your case and let you know whether you have a strong claim against a third party. Filing personal injury claims can be complicated because there is a lot of information that must be included. Bear in mind you can also claim for financial losses, also known as special damages, which are detailed below:
- Travel Expenses
- Medical expenses which include any treatments that are not available on the NHS
- Loss of earnings
- Loss of anticipated earnings
- Care claim
If you suffered an injury through no fault of your own because you were hit by a car pulling out of a drive whilst cycling, we can walk you through the process of filing a personal injury claim against a car driver. Don’t hesitate in contacting us today to get your claim started.
Cyclist Hit By A Car – No Win No Fee Legal Help
If you are a cyclist hit by a car and are seeking legal representation, our team may be able to help. There are a number of benefits that come with working with a solicitor, including help with how to collect evidence.
One of our solicitors could offer their services to you under a Conditional Fee Agreement (CFA). This is a kind of No Win No Fee contract that allows you to access their services without paying any upfront fees. Likewise, if your claim fails, you don’t pay any fees for their work.
Your solicitor will take a success fee if your claim succeeds. This fee is taken from your compensation award as a legally-capped percentage.
To learn more about taking legal action and making a compensation claim if you were injured because a car hit you, get in touch with our team of advisors today.
Get In Touch
Our advisors are here to help if you’d like to learn more about what to do if a cyclist was hit and this caused an injury. They can offer a free consultation, and can tell you if your claim is valid. If it is, they may then connect you with one of our solicitors. You can get started today by:
- Calling us on 0800 073 8804
- Using our online contact form
- Messaging the live chat below
Helpful Resources
Cycle Accident Claims Guide & Compensation Amounts
Check out Legal Experts page on cycle accident compensation amounts and cycle accident advice
The link below takes you to the government website where you will find useful information on cycling accidents:
Statistics on cycling accidents in the UK
The link below takes you to the ROSPA website where you will find useful information on staying safe on the roads as a cyclist:
The link below provides valuable information on how to make a personal injury claim:
- Personal injury claim process explained
- Learn how to claim for a cycling accident without a helmet. Our guide to claiming for injuries when you weren’t wearing a helmet.
- Find out if you could claim after being injured in a digger accident by reading our guide.
- Get advice on making a machinery accident claim and learn more about the claims process.
- Learn how to make a claim if an unsafe work area caused you to become injured.
- Use our guide to find out how a spinal cord injury solicitor could help you make a claim.
If you still have any questions about potentially making a claim after being hit by a car, you are welcome to contact our advisors here at Legal Expert. You can reach us online or on the phone using the contact details featured within this guide.
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