Cycling Accident Claims Scotland Guide – How Much Compensation Can I Claim?

A guide to Scottish cycle accident claims

By Mark Ainsdale. Last updated 27th July 2021. Welcome to our guide to cycling accident claims in Scotland. Each day, across the country millions of people put in a cycle helmet, get on their bike and hit the road. They could be cycling as a means to commute to work, whilst on the school run, for exercise, or a pleasurable way to spend some leisure time. Whatever your reason for cycling, the last thing you expect is to be injured in an accident. However, sometimes accidents do happen and people are injured whilst cycling in Scotland. If you do need to make a cycling accident claim Scotland, you want to know that you have the best team behind you to do so.

Owing to their much smaller relative size and lack of protection compared to other road users, cyclists are much more vulnerable to accidents and injury. They are exposed to the elements and to being injured as a result of the actions of another road user.

Drivers often forget to pay due care and attention to cyclists, failing to take the necessary care when around them. Cyclists are, unfortunately, too regular an occurrence on Scotland’s road network with 564 cyclists suffering an injury in 2019 (according to Transport Scotland). Whilst many cyclists often don’t think that they are not entitled to make a compensation claim, they are protected by the same laws as other road users. Read on for further information about cycling accident claims in Scotland.

Vulnerability:

Whilst you might have made every effort to protect yourself as a cyclist, you are still vulnerable to being knocked off your bike and suffering an injury. Whilst you may wear protective clothing such as a helmet, reflective clothing, and padding, as a cyclist you still have a much higher risk of injury if involved in an accident., compared to other road users.

Injuries:

Cycling injuries can range from a few cuts and bruises to a severe brain or spinal injuries, or even death.

If you have been injured as a result of a cycling accident in Scotland don’t despair. Remember, you are not limited to using local solicitors for cycling accident claims in Scotland. We can help with a variety of cycling accident compensation claims, getting people the compensation they deserve. And we cover how you can reduce legal expenses as your case progresses.

Contact our personal injury solicitors today on 0800 073 8804. And read on for more information about how to receive compensation.

Select a section

• Common Cycle Accidents and Injuries
• Safety and Cycling accidents statistics Scotland
• Knocked off your bike? Safety tips
• Additional risks and cycling rules Scotland
• Cycling accident claims in Scotland, what else do you need to know
• Hit and run cycling accident claim Scotland
• Can I claim if I was hit by an uninsured driver?
• What can my cycling accident claim include?
• Examples of injury claim settlements
• How to claim for a cycling injury in Edinburgh or the rest of Scotland
• No win no fee cycle accident claims in Scotland
• Why choose Legal Expert for your claim?
• Useful links

Common cycle accidents and injuries

Cycling Accident Claims In Scotland

What common injuries could be included in cycling accident claims in Scotland? Whilst the circumstances of each accident and injury is unique to the individual, there are some circumstances and injuries which cycling accident lawyers will see again and again. This is because as a cyclist you are much more exposed and vulnerable than other road users.

If you have been knocked off your bike and injured, it could have been because a motorist did not see you and pulled out in front of you, because a person opened their door into you or because you were cut-up at a junction of some kind. Cycling accidents statistics for Scotland (as produced by the Scottish government) show that there were eight cycling fatalities in 2015.

Examples

Whilst we can see from the above report and others that there could be many different things which lead to a cycling accident, the same causes will crop up again and again. Some of the most common forms of pushbike accident compensation claims in Scotland include;

• Accidents at junctions and roundabouts, including people failing to signal correctly or cutting up a cyclist.
• Accidents in filtering traffic.
• Negligent actions on the part of a motorist or other road user.
• Accidents and injuries caused by poor road surfaces (e.g. potholes and other damage to the road surface).
• Spills of liquids, diesel spills are the most common of these.
• Group riding accidents.

Common claims also sadly include bike accident compensation claims in Scotland for people hit by either uninsured drivers or by drivers who fail to stop (hit and run incidents).

Whilst most road users do not intend to cause an accident, they can and do happen. If the accident and resulting injuries were the fault of someone other than you (the claimant) you can claim compensation from them. Our team has the expertise and experience to investigate and conduct a range of different road accident claims in Scotland involving cyclists. Continue reading to see how to claim, and how to file cycling accident claims in Scotland in particular.

Safety and cycling accident statistics, Scotland

The report by the Scottish Government which we referred to earlier showed that the overall number of cycling accidents records across the country is decreasing, though sadly there were still cycling fatalities in Scotland. Whilst the number of people who suffered a fatal injury has fallen, there has been a slight increase in the overall number of serious cycling accidents. In 2015 there were around 900 serious injuries which was a slight increase (0.5%) on the previous years’ figures. We can see that this decreased to just 564 by 2019.

In 2015 a map showing hotspots for bike accidents in Scotland was produced using data from injuries reported to Transport Scotland. This information and the experience of cycling accident lawyers covering Scottish claims show that accidents are concentrated in areas such as the cities and more urban locations with Glasgow and Edinburgh had the highest number of cycling accidents and most fatalities. At the opposite end of the scale, the Highlands had the fewest accidents.

Other statistics

Figures also show that cyclists account for around 1% of traffic on the Scottish road network, but are involved in 8% of road accidents (and a similar number of road accident claims in Scotland). Most of the cycling accidents happened between at rush hour when people are commuting and the late evening through to early morning (9pm – 6am) were the safest times to cycle.

The most common reason cited for accidents involving cyclists was motorists failing to pay due care and attention at a junction. This accounted for 13% of all accidents involving a cyclist. In contrast to this, poor road conditions accounted for only 1% of all accidents involving a cyclist. Studies have also found that the age group most likely to have a cycling accident are those aged 30 – 50.

Knocked off your bike? Safety tips

When making cycling accident claims in Scotland it is important that you have followed the rules of the road. Most cycling accidents and the most common form of cycling accident claim in Scotland that solicitors see are those which happen on main roads in built-up areas. Whilst most cyclists follow common health and safety advice, such as wearing a cycle helmet and wearing reflective clothing when cycling at night. However, there are other things which you should consider in order to stay safe on the road. Things you should consider include;

• Being aware of other road users as well as pedestrians when close to pedestrian crossings.
• Making sure that you can always be seen. Wear brighter and reflective clothing at night.
• Ensure that you have working cycling lights and reflectors.
• Know and follow the Highway Code. Do not jump red or amber lights and only cycle on the road or in designed cycle lanes/ paths. There are specific examples of cycle law Scotland covering when and if you can cycle on the pavement. To be safe avoid the pavement wherever possible.
• Finally, and as a reminder, always make sure that your helmet fits properly to give you the best possible protection against head injuries.

Further details

Whether you are an adult cycling alone, a parent cycling with your children or as part of a group, taking the following steps.

• Check your brakes on a regular basis to ensure that they can safely stop you in any weather conditions.
• Clean and oil parts such as your bike chain to ensure it works smoothly.
• Check all nuts and bolts, make sure they are tight.
• Make sure that your lights are working properly, carry a spare battery and clean any reflectors. These points are especially important in winter when the commute to work or home could both be in the dark.

You can find further safety advice and tips at the cycling section of the Royal Society for the Prevention of Accidents.

Additional risks and cycling rules for Scotland

As we have seen there are many different factors that come into play in causing cycling accidents. Some additional risks which cyclists can face include cycling as part of a group. Groups of cyclists bunched together can leave little room for other road users (such as motorists) to pass by without hitting them. Cyclists can also face risks out on rural roads where the speed limits are higher. Whilst fewer overall accidents happen in rural areas, around half of fatalities do so. Children also face additional risks with around 25% of fatalities or serious injuries being to children.

In addition, cycling rules Scotland do not allow for people to cycle on the pavement as they can sometimes do in other parts of the UK. You can find further information on cycling law Scotland in this PDF from the Scottish Parliament.

Cycling accident claims in Scotland, what else do you need to know?

If you have been injured in a bike accident in Scotland and need to make a cycling accident claim Scotland, there are steps that you need to take in order for you to be able to make a successful compensation claim.

If you have been involved in an accident with a motor vehicle you should follow the steps below.

• Move away from the road to a safer area such as pavement or verge.
• Try to stay as calm as possible and call for medical attention (ambulance etc) if necessary.
• If you are injured or if you think the other motorist has committed an offense, you should report the incident to Police Scotland within 24 hours.
• In an emergency, such as a serious injury or if the road cannot be cleared, dial 999.
• The driver of the other vehicle is required by law to provide their name, address, and details of the vehicle’s owner (if different).
• In the event of a hit-and-run accident, try to record the vehicle’s registration number (or numbers if more than one are involved).

Further Details

If you have been injured on the road in Scotland you will need to satisfy the following two criteria to be able to make a successful compensation claim under Scottish law.

Firstly, you must be able to prove that you (the cyclist) were entitled to expect that other road users were paying due care and attention and that they would not do anything which they could reasonably see as to cause you harm. In the context of a road traffic accident, this is generally easy to demonstrate as all road users should pay due care and attention to others.

Secondly, you (the claimant) need to demonstrate that the other road user failed to observe the duty of care that they owed to you as a fellow road user, and that this negligence or other failures in their duty of care led to the accident and resulting injuries.

This second criteria can be more difficult to prove and in order to do so, the solicitor which we can provide you with will need to use supporting evidence to do so. They will use information about the accident itself, the circumstances leading to it and witness or photographic information to support the second part of the criteria. Having had an independent medical examination, this report will also serve to support your case.

Hit and run cycling accident claim, Scotland

If you have been involved in a hit and run accident you can still make a compensation claim, even if the motorist is never found. The MIB or Motor Insurers Bureau Untraced Drivers Agreement means that the victim of an accident can seek compensation through the bureau itself. The MIB will investigate the compensation claim and work with your solicitor to determine an adequate level of compensation. We can provide solicitors who can help you through this process.

Time limits do apply to hit and run accident claims in Scotland, as with all personal injury claims made in the UK. The claim must be submitted within three years and any claims for damage to your property must be made within nine months of the incident.

If you have been involved in a hit and run accident you should report this to the police within a maximum of 14 days unless your personal property (such as a bike) was also damaged. If so, you must report the incident within five days.

Can I claim if I was hit by an uninsured driver?

The simple answer to this all too common question is yes. In the same way that you can bring a compensation claim if you were involved in a hit and run accident, you can still make a cycling accident claim in Scotland even if the motorist did not stop.

In compensation cases where the motorist is not insured, the cyclist can recover damages through the Motor Insurers Bureau, commonly known as the MIB. We can help you through this process to get the compensation settlement that you deserve. This will allow you to make successful cycling accident claims in Scotland.

What can my cycling accident claim include?

You can make a cycling accident compensation claim after an accident if you were not at fault in the accident. Your compensation claim can include claims for a variety of different things. These include;

• Medical expenses such as any out of pocket medical bills, treatment, hospital expenses or the cost of any rehabilitation you had to go through.
• Any loss of earnings that you have suffered. If you have had to take unpaid leave from work or have seen your income affected in other ways, you could be able to claim for these losses.
• Damage to personal property, such as your bike and any other property.
• Known or anticipated future expenses which you will need to meet as a result of the accident and your injuries. This could include future adaptations to your home or anticipated medical costs.
• The cost of any palliative care and assisted care, such as home help.
• General pain and suffering as well as any loss of enjoyment in your life.

Depending on the circumstances of your accident, you may still be able to make a compensation claim if you were partially responsible for the accident happening. However, compensation settlements will be lower in these cases.

Examples of injury claims settlements

How much could you be awarded for cycling accident claims in Scotland? In the table below we have included data on some of the most common injuries that you might suffer in a cycling accident, as well as the amount of compensation that you may be able to claim for these.

Our table has been updated with the latest figures from the JC Guidelines for claims In England and wales. Settlements for bike accidents in Scotland may vary.

How to claim for a cycling injury in Edinburgh, or the rest of Scotland

If you have suffered a cycling accident in Scotland you need to bring your claim to the Scottish courts. This is because both personal injury and cycle law Scotland are different than in the rest of the UK and because in general, claims need to be made in the same jurisdiction that they happened. The best way to do so is to work with the best bicycle claims lawyers in Edinburgh, Glasgow or wherever you are based in Scotland. You can find further information about making a cycling accident claim here.

No win no fee cycle accident claims in Scotland

How do you fund cycling accident claims in Scotland? At Legal Expert, we can help you to make No Win No Fee accident claims (Scotland) via a conditional fee agreement. More commonly known as a No Win No Fee agreement this is a type of contract often offered by personal injury lawyers and solicitors to clients. It means that your solicitor will take on your case and start working with you without asking for any initial payments or fees. The agreement will also set out what work the solicitor will do, and when as well as how they will be paid.

Typically the agreement will state that the solicitor will only be paid if the claim is successful and that their fee will be deducted from the final settlement. If the claim is not successful, the solicitor will not charge for their services. The agreement means that whatever happens with your case, you will never be left out of pocket.

No Win No Fee agreements have helped large numbers of people across the country to be able to recover the compensation they are owed without having the worry of large legal bills that they may not be able to meet. You can contact our team today to start your no win, no fee accident claim.

Why choose Legal Expert for your claim

If you are ready to make a cycling accident claim in Scotland, or if you need further information and advice about the best way to go about making a successful No Win No Fee accident claims, Edinburgh, Glasgow or in the rest of the country, contact Legal Expert today. Our dedicated team can listen to the details of your case. And we can help to find the right No Win No Fee lawyers in Scotland for your claim.

To learn more about cycling accident claims in Scotland, call us on 0800 073 8804. You can also fill in the contact form on this page. Or you can send us the outline of your case in an email at info@legalexpert.co.uk. Don’t delay, contact us to start your claim today.

Useful links

Police Scotland cycling safety
Advice cycling safety, maintenance tips and what to do after an accident according to Police Scotland.

Cycling law Scotland
Information from the Scottish Government about cycling in Scotland.

NHS cycling safety report
A cycling safety report from the UK’s National Health Service

Personal injury claims in Scotland
Information, advice and tips on how to make a successful personal injury compensation claim in Scotland.

Further Helpful Claims Guides

• Glasgow Personal Injury Solicitors
• Scotland Accident Claims Guide
• Car Accident Claims Scotland Guide
• Accident At Work Claim Scotland Guide
• Glasgow International Airport Accident Claims Guide

Cyclists’ Highway Code

When cycling in Scotland (or any part of the UK) you should follow the Highway Code. Unless otherwise directed by signage, it is against cycling law Scotland for cyclists to:

• Jump a red light.
• Ride on the pavement or across a pedestrian crossing.
• Ride the wrong way on a one-way street

Traffic lights, signs and signals

Cyclists must follow all traffic signals, lights and signs. Cyclists must also not cross a stop line at a junction if the lights show red. Some junctions do have a box for cyclists to wait in which is past the stop line for cars.

Following cycling routes

Cyclists should use the following facilities unless it is not safe for them to do so.

• They should follow the designated cycle routes.
• Cyclists should use specified cycle boxes at junctions.

Cycling tracks and pavements

Cyclists should not mount or ride on the pavement. However, cyclists should keep to any designated cycling tracks. When riding on a cycle track you must stay in the cycling track and not cross into the pedestrian footpath. Riders using cycling tracks should be ready to slow down or stop if necessary.

Safety Lights

There are rules courtesy of the Highway Code when riding at night. So, you should have a white light at the front and red light at the rear of your bike. You should also have a red reflector at the rear of your bike.

Cycling Accident Claims In Scotland FAQs

What should I do after a cycling accident?

You should take the driver’s name, address and registration details, along with other information about the car. Then, you should gather any witness statements and CCTV footage, as well as informing the police. At that point, you should contact a personal injury lawyer about a potential claim.

What happens if a cyclist causes an accident?

In this case, the cyclist needs to accept liability, though both drivers should still exchange insurance information.

Can a cyclist claim against a driver?

Yes, though liability could still be 50-50 depending on the nature of the collision.

What insurance covers a bike hitting a car?

Homeowner insurance for the cyclist generally cover situations such as this.

How long do I have to claim?

You can claim for up to 3 years after the date of the cycling accident.

When will I receive my first settlement offer?

This could come anytime after negotiations begin on a potential out-of-court settlement.

Do I have to accept the first offer?

No. In fact, we suggest declining the first offer because it’s very rarely the only offer.

What happens if I reject the first offer?

You should anticipate a larger follow-up offer, but you can’t accept that initial offer at a later date.

Thank you for reading our guide on cycling accident claims in Scotland.