Useful information

• Personal Injury Claim
• Road Accident Claim
• Serious Injury Claim
• Medical Negligence Claim
• Birth Injury Claim
• PIAB Application Guide
• Statute of Limitation
• No Win No Fee Guide

Have you been involved in a Bicycle Accident?

In recent years, cycling accidents have become a significant issue in Ireland, with a rise in incidents and injuries among cyclists. An RSA report on cycling injury trends from 2006-2018 found 10,983 cyclist injuries reported to Garda Síochána during this period, with an average of 916 injuries per year.

Cycling accidents can result in serious injuries such as broken bones, head injuries, and spinal cord injuries, which can have a long-term impact on cyclists. Therefore, cyclists who have been involved in an accident are strongly advised to seek medical attention immediately and to gather any information relevant to the accident and any future claim, including information about everyone involved in the accident, photos of the scene and medical reports or Garda reports.

If you have been injured in a bicycle accident, you may be entitled to compensation for any personal injuries sustained, including post-traumatic stress disorder. A solicitor experienced in bicycle accident claims can help guide you through making a claim and ensure that you receive the compensation you deserve.

Data Source: RSA review of cyclist injuries in 2016

Compensation distribution

You may be entitled to a claim if you have been involved in a bicycle accident that was not your fault. As a cyclist, you have the same legal rights as other road users. The compensation you may be entitled to as a result of the accident may be grouped into three headings.

1. General Damages

Bicycle accidents can cause severe injuries, and you may be entitled to claim for any physical or psychological harm you have suffered. In addition to immediate medical treatment, you may require long-term rehabilitation and therapy, which can add up quickly. General damages includes compensations for non-financial losses such as injuries and the pain and suffering caused by the accident.

2. Special Damages

A bicycle accident can result in many additional expenses that can cause significant financial strain. These damages cover the expenses you accrued due to the accident, for example, loss of earnings, the cost of travel to hospital appointments, and treatment bills.

3. Material Damages

This covers damage to your personal property, for example, the damage to your vehicle due to the accident.

Common claim types

Common causes

Road traffic accidents can occur for several different reasons, such as:

• Bad road conditions
• Hazardous weather
• Fatigue
• Blind spots
• Unsafe vehicles
• Unsafe driving practices – speeding, disobeying the rules of the road
• Merging traffic
• Texting while driving
• Driving under the influence

Hence, road traffic accident claims such as car crashes, bicycle, and motorcycle crash claims are among the most common cases to be submitted to the Personal Injuries Board by solicitors. Negligent behaviours and actions on the road by drivers can lead to many unfortunate road traffic accidents. The majority of all claims submitted to the Personal Injuries Board were Motor Liability claims.

What do you do in case of a bicycle accident?

1. Seek medical attention

First, ensure everyone receives immediate medical attention if necessary. Even if you have only suffered a minor injury, we recommend you present yourself at the nearest A&E or meet with your GP. Even if you feel okay immediately after the incident, a minor injury may become more serious.

2. Collect any information relevant to the accident and any future claim

Such information could include:

• Details of everyone involved in the accident, particularly any drivers, including name, address, contact information, vehicle registration number and insurance information
• Contact details of any emergency service workers who attend the incident
• Photographs of the scene from different angles
• Any CCTV footage of the accident
• Dash cam footage
• The date, time, and weather conditions at the time of the accident
• Receipts of any expenses you have incurred due to the accident
• Copies of Garda reports or any medical reports are very important for any future claim

3. Contact the Gardaí

It is essential that you report any accident to the Gardaí, no matter how minor. If it is minor and the Gardaí does not attend the scene, you must visit your local station and request they record the details of the incident and take a statement for you.

4. Contact a solicitor

It is advisable that you reach out to a solicitor as soon as possible after the accident if you are considering making a claim. A solicitor can guide you through the claims process and help you to avoid unnecessary delays.

Claim process

1. Contact our solicitors

Our bicycle accident solicitors are experts in advising clients on how to make these claims. Many people use a solicitor to aid with this application process as a lot of paperwork and filing are required, and our expert team is on hand to make the process as smooth as possible.

2. The PIAB Application

The next step is to make an application to the Personal Injuries Assessment Board (PIAB). If your personal injury claim concerns anything other than medical negligence, some assaults, and some cases of entirely psychological injury, then your claim can be brought through PIAB. Examples of claims that PIAB covers include:

• Workplace injury
• Road traffic accidents
• Catastrophic injury
• Accidents in public places

3. Submitting information and documents to PIAB

Your solicitor will obtain evidence, medical reports, and other expert reports required. And submits these documents to the Board for Assessment.

4. Consent to assess the claim

Once the application is made, PIAB issue a formal notification of claim to the defendant(s). The defendant(s) must indicate within 90 days whether or not they consent or not to the assessment of the claim. If the defendant consents, then PIAB will proceed to assess the claim. If they decline to have the case assessed, the PIAB will issue an Authorisation to allow the claimant to issue court proceedings.

5. Claim assessment time

If PIAB is assessing the claim, this will usually take about 9 months. They will then issue their Assessment of your claim, this amount reflects general and special damages awarded in respect of your claim. If the Assessment is accepted by both parties, the PIAB will issue an Order to Pay. The Order to Pay has the same status as an Order of the Court, and must be discharged by the defendant(s) within 10 days. A settlement cheque will then be issued to the claimant.

If the Assessment is rejected by either party, an Authorisation will be granted by PIAB to bring court proceedings.

Bicycle accident law in Ireland

Bicycle accident law refers to legal rules that determine who is responsible for the personal and property damage resulting from a road traffic collision. This area of law consists of the principles of negligence.

Bicycle accident victims must prove the same basic four elements in order to recover compensation. These elements are:

• Duty: drivers have a legal obligation to obey the rules of the road and operate their vehicles in a reasonable manner.
• Breach: the plaintiff will usually be required to offer evidence that a defendant breached their duty. A breach can be shown by direct evidence such as eyewitness testimony, a traffic surveillance video or an admission of fault.
• Causation: the plaintiff must prove causation (e.g. that the defendant’s breach of duty caused the injuries to occur). This can be provided by medical testimony demonstrating injuries are consistent with the nature of the crash and that they didn’t exist beforehand.
• Harm: the plaintiff cannot bring a negligence lawsuit unless the defendant’s conduct is what produced the damage to the other person or vehicle.

Statute of Limitations

You have two years from the date of the accident within which to issue proceedings. If you are under 18, a separate set of rules apply, and we would recommend you contact our solicitors to discuss these. To learn more about the statute of limitation for a nerve damage claim, click here.

Our team

If you have been involved in a bicycle accident, contacting an experienced bicycle accident solicitor is essential as soon as possible. A solicitor can provide expert advice on the claims process and help you avoid unnecessary delays.

To speak with one of our experienced bicycle accident claim solicitors, call (Free Phone) 1800 844 104 or complete our online enquiry form.

Coleman Legal LLP

Solicitors
84 Talbot Street, Dublin 1
D01 YX60
DX 112002

Contact Details

Free Phone: (1800)844104
Fax: (01) 5312727
Email: [email protected]
Web: www.colemanlegalpartners.ie
Online Enquiry Form: Apply