Cycling accidents - failing to gather sufficient evidence
A failure to collect sufficient evidence for a claim is a common pitfall in cycling accident compensation claims. In the aftermath of a cycling accident, it is very rarely at the forefront of an injured person’s mind to start collecting evidence for a potential damages claim. Of course, an injured person’s primary focus ought to be on their health and safety over anything else, but where there is an opportunity to photograph the scene of an accident or to obtain contact details for any witnesses to the accident, then the evidence obtained from such measures can often be useful in any future claim for compensation, particularly where the circumstances surrounding the accident are disputed.
Many cyclists now wear portable recording devices while cycling, the footage from which can offer a great means of proving the circumstances of an accident. However, it is not always practicable or perhaps desirable that every cyclist start recording their commute to and from work. Certainly, cyclists tend not to embark upon a journey thinking about how best to document a potential accident. However, where such footage is not available, simple measures as those mentioned above can be valuable in determining whether or not a claim will be successful.
Even where the circumstances of an accident are not disputed, it will still often be necessary to document the extent of any loss or damage to personal items in order to ensure that the injured party will recover the full amount of compensation to which they ought to be entitled. Damage to a bicycle, clothing and any personal belongings can all form part of your claim and so it is helpful if photographs can be obtained of any damage to these items shortly after the accident, and receipts retained for the cost of any repairs or replacement of these items. Absence of such evidence could result in the costs of replacement or repair of these items being unrecoverable.
Other common pitfalls that have arisen in cycling accident litigation include:
- Failing to use or wear protective equipment
- Failing to notify local authorities of any road defects encountered
- Failing to have in place an insurance policy
Although these pitfalls can all have potential to result in a less than full compensation recovery, it is rarely the case that all is lost in terms of a claim for compensation, should one or other of them arise. Often negotiation and legal argument will play an important part in determining the level of compensation achieved. It is therefore important to seek legal advice from a firm of specialist personal injury solicitors to provide appropriate advice and to negotiate on your behalf, should you be injured in any circumstances.
Next: Failing to notify local authorities of any road defects encountered
Flat success fee of just 10% till June 2021
Allan McDougall Solicitors is home to a team of solicitors who are highly trained and experienced in personal injury and cycling accident compensation claims. We are currently offering a flat success fee of only 10% to those who have been injured in cycling accidents, which is significantly less than other law firms’ usual fees. This offer is valid until June 2021. If we are able to apply successfully for legal aid funding on your behalf, no success fee will be deducted from your award of compensation.
Unite and Usdaw trade union members always retain 100% of their compensation because their claims are funded by their union, one of the many benefits of joining these trade unions.
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