Fatal Cycling Accident Claims Guide
By Danielle Jordan. Last Updated 5th March 2024. This is our updated guide to fatal cycling accident claims. According to figures released by the Royal Society for the Prevention of Accidents, there were 21,287 accidents involving bikes on the road in 2014. Of these accidents, 3,401 people were seriously injured and 113 were killed. In cases where an accident has caused a death, the deceased’s loved ones may be able to make a claim for compensation. This guide will explore this issue.
Claiming for fatal bike accident compensation can be incredibly complicated. Any fatal bike accident claim is likely to involve a great deal of effort, a need to prove that an act of negligence or another kind of failure led to the death. This is why the assistance of an expert Claims Service can be so important.
This guide will detail everything you need to know to make a successful cycling accident compensation claim. Our contact details are at the bottom of this guide; feel free to contact our team if you have any further questions.
Select a section:
- What Is A Cycle Death?
- Claiming for a cycling bike accident caused by driver negligence.
- Claiming for a fatal motorcycle accident caused by a distracted rider.
- Claiming for a fatal cycle accident caused by vehicles not leaving enough room.
- Other common causes of fatal cycle accidents.
- Claiming for a fatal bike accident that happened at work.
- Claiming for a fatal bike accident in a public place.
- Who can claim for a fatal cycling or bike accident?
- Claiming For A Death In A Bike Or Cycling Accident On The Victim’s Behalf
- What can be claimed for after a fatal bike or cycling accident.
- No Win No Fee fatal cycling accident claims.
- How much can I claim for a fatal bike or Cycle accident? – Updated March 2021
- Why choose us as your claims service for a fatal Cycling or bike accident claim?
- Call for free advice and to start a claim.
- Helpful Links.
- FAQs On Fatal Cycling Accident Claims.
What Is A Cycle Death?
A cycle death can occur during, or following, a severe bike accident. For example, this could involve a cyclist being hit by a vehicle.
Since cyclists generally have less protection compared to motorists, they are likely to suffer more severe injuries when there is a bike accident. Death can be instant or may occur months after the accident.
If you have been affected by a cycle death caused by negligence, for example, you lost a loved one, you may be able to claim fatal road accident compensation. Continue reading for more information. Alternatively, get in touch with our advisors at any time for a free initial consultation regarding your potential claim.
Claiming for a Fatal Bike Accident Caused by Driver Negligence
The negligence of a driver may cause a fatal bike accident. However, in cases like this, liability could be determined by whether or not the cyclist caused the accident (and thus acted in a negligent manner). The identification of the cause of the accident will be vital in winning a compensation claim case. It is important to note that both cyclists and drivers are expected to obey the UK road regulations – clearly set out in the Highway Code and other places – and any case will be decided based on all UK traffic laws.
Negligence can be established when the oncoming driver does not see the bicycle coming due to blind spots or failing to properly look in their mirrors when the cyclist is making a manoeuvre. Whatever the case, you can claim compensation from the driver if there is proof of negligence. Your personal injury solicitor can help you build a case in this regard. You can contact us for further advice and information regarding fatal cycling accident claims.
Claiming for a Fatal Bike Accident Caused by a Distracted Rider
A cyclist can also get distracted and can cause an accident that harms or causes death to someone. For example, cyclist or rider negligence could be caused by driving the wrong way
along a one-way street, by making unnecessary manoeuvres, by turning dangerously into traffic, or by listening to loud music and obstructing the senses.
However, it is important to note that an accident caused by a distracted rider may be considered as negligence on the part of the cyclist and may not be relevant to an insurance company compensation claim process. However, if the negligent cyclist caused the accident that injures someone else, the cyclist may be liable for the injury. In any case, your solicitor will evaluate the legal claim and advise accordingly.
Claiming for a Cycling or Bike Accident Caused by Vehicles Not Leaving Enough Room
One of the major causes of fatal bike accidents is the inability of vehicles to leave enough room for a cyclist to move freely and safely. Some drivers – whether through negligence or lack of road knowledge – take up unnecessary road space for themselves at the expense of other road users. This can cause an accident to a cycle user and, in cases such as these, the other driver may be liable.
You can make a claim for this kind of incident but it will need to be established that the accident was caused by the inability of the driver to leave enough space for the cycle. A solicitor will help you to ascertain the facts of the matter and advise on the issue accordingly. You can reach us through the contact form at the bottom of this guide about fatal cycling accident claims.
Other Common Causes of Fatal Cycle and Bike Accidents
There are many causes of road accidents, many of which can involve fatalities. These causes can include:
- Speeding: exceeding the speed limit can lead to a loss of control and is illegal.
- Intersection or Lane Merging: motorcycles are not expected to engage in unnecessary manoeuvring on the road. They are required to ride in the proper lane on the road, except during turning or other safety operations. They are not expected to be switching in and out of lanes as it can lead to accidents
- Riding Too Close to Vehicle Traffic: cycle riders are expected not to ride too close to vehicles because it could cause an accident. Rather, it is advisable for cycles to leave a good amount of space when in traffic.
- Not Paying Attention When Riding/Driving: as mentioned earlier, both the car driver and the cycle rider could get distracted while driving and this is one of the most common causes of fatal bike accidents.
No matter the cause of the accident, it could lead to a loss of life. You can make a compensation claim for the death of your loved ones as a result of the accident. You can contact us for a free advice on what to do so we can help you through this tough time.
Claiming for a Fatal Cycling or Bike Accident that Happened at Work
Accidents can happen when a person is at work. This can involve those whose job is dependent on motorcycles or bicycles, such as couriers, or it can involve situations in which regular employees are placed in a position in which they may become involved in a traffic accident, perhaps due to poor traffic regulations in a company car park.
It is important to mention here that – by law – it is the duty of the employer to ensure that employee workplaces are safe, either by providing the right equipment, a secure environment or the required training. If this is not so, any cycling accident compensation could be directed at the employer. Your solicitor could help you make fatal cycling accident claims against an employer.
Claiming for a Fatal Bike Accident in a Public Place
When discussing the potential for compensation claims as a result of fatal bike accidents, we should acknowledge the importance of a public place and how this may affect a claim. The safety of a visitor (and the safety of the general public as a whole) when visiting a public place should be of paramount concern to the operators or owners.
In this context, a public place could be referring to public bike lanes, sports facilities, BMX parks, bike shows, bike races, and many more public spaces. The occupiers of these places have a responsibility to ensure that the visitors (both authorised and unauthorised) are kept safe to a reasonable degree.
When there is a fatal bike accident in a public place, the owners or operators of the place may be considered liable as there are myriad health and safety regulations which govern how they should maintain the premises. If these regulations have been breached, there may be a viable case for compensation. Your solicitor can look at the merits of your case and pursue a fatal bike accident claim on your behalf.
Who Can Claim for a Fatal Cycling or Bike Accident?
Who could make fatal cycling accident claims. Following a fatal bike accident, you may be unaware which parties are able to make a compensation claim. Typically, there are three types of people who may make a claim. These are:
- Dependants of the Deceased: people who are connected to (or dependent on) the deceased in a financial sense. This could be children, a spouse, or family members.
- Family Members of the Deceased: people who are connected to the deceased but not in financial terms. This set of people does not necessarily depend on the deceased financially but shares in the pain and suffering as a result of his/her death.
- The Estate of the Deceased: people who also suffer from hardship due to the loss of the deceased. It could be the businesses or companies of the deceased who could suffer financial losses due to the death of the owner.
Claiming for compensation in this regard will depend on the circumstances of the accident.
Claiming For A Death In A Bike Or Cycling Accident On The Victim’s Behalf
As stated above, the Law Reform Miscellaneous Provisions Act 1934 allow for the estate of the deceased to claim for a cyclist fatality in the first six months following the death. After six months, dependents of the deceased can make a claim for a fatal bicycle accident under the Fatal Accidents Act 1976. However, if you are claiming on behalf of your loved one, you will need evidence that shows they were owed a duty of care and it was a breach in this that caused their bike accident death.
Examples of evidence that could prove useful in wrongful death claims:
- Medical records. These could show your loved one’s pain and suffering in the lead up to their passing.
- Coroner’s report. A coroner’s report could link your loved one’s death to a liable party’s negligence.
- Accident footage. This could be from CCTV, mobile phones, or dashcams.
- Witness contact details. Witnesses could be called upon to give statements at a later date.
If you need any help gathering evidence to make a claim, call our advisors. They’re available 24 hours a day, 7 days a week with free legal advice. If you call, there is no obligation to continue with our services.
Time Limit For Claiming Fatal Cycling Accident Compensation
If you are seeking cycling accident compensation on behalf of a deceased loved one, you will need to start the claim within the relevant time limit. This is generally within three years of the date of their death.
Alternatively, it can be started within three years of the date of knowledge. This is when their fatal injury was first connected to negligence, such as following a postmortem or inquest.
It is important to note that for all cycling accident claims made on behalf of the deceased, only their estate can start the claiming process for the first six months following their passing. After this time, the deceased’s dependents can bring forward a claim for how the death has impacted them.
If you would like to know more about cycle accident claims and seeking compensation for a deceased loved one, get in touch with an advisor from our team.
What can be Claimed for After a Fatal Bike or Cycling Accident
Understanding how a compensation settlement total is determined can be difficult. In many situations, there are a large number of factors which need to be considered. When you are making a claim following a fatal bike or motorcycle accident, these damages can include:
- General Damages: This refers to claims for damages that cannot be quantified in monetary terms. For example, the pain, grief, psychological damage, and the trauma experienced as a result of the fatal bike accident.
- Medical Expenses: This refers to the medical expenses or costs that were incurred prior to the death of the victim.
- Funeral Expenses: You can claim for the funeral costs, such as flowers and catering.
- Special Damages: This refers to special damages anticipated like loss of financial support from the deceased to his/her dependents.
Almost all cycling claim examples will be different. If you would like to know more about the exact damages and expenses you can claim, call our team today.
No Win No Fee fatal cycling accident claims
Who could make No Win No Fee fatal cycling accident claims? We can offer a ‘No Win No Fee’ arrangement. When you’re dealing with the aftermath of a fatal accident, including the financial and emotional damage this brings, trying to sort out legal representation can be tough. It’s why our approach can be so much easier.
Our ‘No Win No Fee’ arrangement is a Conditional Fee Agreement (CFA). This provides you with legal representation for your claims without the high upfront costs that many law firms will charge. We take our fees from the final settlement total, diminishing the risk involved in your case and allowing you to focus on other matters at a difficult time. Our ‘No Win No Fee’ agreement could be the perfect way in which to seek legal assistance for your compensation claim.
How Much Can I Claim for a Fatal Bike or Cycle Accident?
In almost every case, cycling accident compensation amounts can be hard to estimate. With so many unique circumstances and factors to consider, a generic cycle accident compensation calculator is only so much help. However, we have listed average bicycle accident claim payouts in the table below.
Compensation Payouts for a Bike Accident
The compensation brackets below have been taken from the Judicial College guidelines (JCG). These guidelines are used by lawyers and solicitors to help them when calculating your cycling accident claim. With fatal accident claims, calculations are made according to factors such as the deceased person’s pain and suffering.
The figures shown are from the latest guidelines, published in April 2022. Compensation payouts for a bike accident can vary based on many different factors. Therefore, please remember that, if your claim is successful, the amount you receive may not be the same as the ones listed below.
Reason for Compensation | Compensation Brackets | Description |
---|---|---|
Death with financial losses | £550,000 + | This figure that is around this level could accommodate for the suffering and pain of the deceased and any dependency costs. |
Tetraplegia / Quadriplegia | £324,600 to £403,990 | The claimant is fully aware of their injures and expects to live for 25 years or longer. Whilst they can communicate, see and hear they will need help with bodily functions. |
Paraplegia | £219,070 to £284,260 | The level of compensation awarded will be affected by several different consideration. |
Very severe brain damage | £282,010 to £403,990 | The person could still have some basic abiity to understand and follow basic commands. |
Severe psychiatric damage | £54,830 to £115,730 | An inability to cope with a very poor prognosis. |
Death (full awareness) | £12,540 to £23,810 | Fully aware and cognitive, death within a couple of weeks and three months. |
If you’re unsure if you can claim compensation for a cycling accident, our advisors will be more than happy to answer any questions you have about the claims process. We can inform you of your claim eligibility, provide you with a compensation estimate and potentially connect you with a specialised solicitor. Please contact us at a time that suits you using the above details.
Why Choose us as your Claims Service for a Fatal Cycling or Bike Accident Claim?
A good Claims Service is essential when you want to get the maximum possible compensation claim without the stress and hassle. We are one of the best law firms in the country in this respect and the advantages of choosing our team will include:
- We have the knowledge and experience for all kinds of compensation claims
- We keep our client’s interests at the forefront of our priorities.
- We are an ethical company; we do not cut corners.
- We are proud of our customer service.
- We will give you cycle accident claim tips that will help your case.
- You can capitalise on our ‘No Win No Fee’ arrangement.
- We offer a free legal consultation at the very start of your claim.
If you have lost someone important, we are the ideal choice when considering a compensation claim. Get in touch with us today to get started on your claim.
Call for Free Advice and To Start a Claim
We have made the process of claiming compensation simpler than ever before. All you need to do is to call us for a free consultation session. You can use any of our contact channels, such as the contact form on our website, our web chat function, or you can call 0800 073 8804. We will be happy to talk about your case at any time.
We hope our guide to fatal cycling accident claims has helped you.
Helpful Links
How Much Compensation Can I Claim For a Cycling Accident?
If you have been involved in a cycling accident contact us today to see if you can claim compensation.
The death of a family member or loved one can be devastating. This NHS link has some useful information.
Citizens Advice on What to do after a death
This Citizens Advice web page explains more about what to do after a death of a family member or loved one.
Car Accident Claims How Much Compensation?
How much compensation can be claimed if a car accident has caused a cyclist death? call us for free advice.
Calculate the Compensation amounts for Death and Fatal Accidents
Find out the full amounts you can claim for death compensation including funeral costs and future loss of earnings.
Motorcycle Accident Claims How Much Compensation Can You Get?
Death caused by a Motorcycle accidents are common in the UK click the link to find out the compensation amounts or phone us for free advice
CPS Road Traffic Offences – Guidance on Charging Offences?
The (CPS) The Crown Prosecution Service, this link provides information and guidance on charging drivers for the drivers and driving offences.
I Was Hit by a Car Pulling Out of a Driveway Whilst Cycling – Can I Claim?
Find out here if you can claim as a cyclist for being hit by a car that was pulling out of the driveway.
Can I Claim Compensation For Cycling Without A Bike Helmet?
You can find out by reading this guide.
What To Do If You Have A Cycle Accident
Find out if you have a claim.
FAQs On Fatal Cycling Accident Claims
What is the loss of consortium?
These are damages awarded because someone has lost what are called special services. Examples may be someone losing a partner or a child losing a parent.
Who are financial dependents?
Dependents may be those who are financially dependent upon the deceased, such as children or close relatives and partners.
What are statutory bereavement awards?
In addition to the compensation outlined above, you could also apply for the Statutory Award for Bereavement. This is also set out in the Fatal Accident Act 1976.
What happens if the vehicle did not stop after the road traffic accident?
If the other vehicle failed to stop or if they did not have insurance you could still make a fatal cycling accident claim through the Motor Insurers’ Bureau.