If you were a rider involved in an accident, then you may be entitled to compensation. Our cycle accident solicitors offer legal advice to all who are involved in accidents, regardless of fault. Whether you were injured as a result of being hit by a motor vehicle or the result of poorly maintained roads, we are able to provide you with specialist legal advice. Even if you were partially to blame for the accident we are able to claim a proportion of the damages that would be due on a full liability basis, using the doctrine of 'contributory negligence' whereby a judge will apportion blame on a percentage basis and award damages accordingly.
Not all road traffic accidents involve two motor vehicles. The riders of pedal cycles are especially vulnerable and frequently become involved in collisions with motor vehicles mainly due to lack of visibility of the rider to the driver of the motor vehicle. A solicitors cycle accident compensation claim will normally succeed as there is an extremely high duty of care placed on the drivers of motor vehicles in respect of riders of both bicycles and motorbikes. Motorists simply fail to see cyclists or if they do it is often already too late to avoid a collision as they fail to take into consideration the existence of bikes on the road.
If you have suffered personal injury in a bicycle accident our personal injury solicitors can help you to obtain fair compensation. Our cycle accident solicitors will vigorously pursue your compensation claim whilst providing the highest level of service. Our cycle accident solicitors deal with claims using the no win no fee scheme and our lawyers only get paid if you get paid. In most cases your solicitor will be paid the majority of any legal charges by the negligent drivers insurers. Rapid Solicitors operate from offices in Adelaide, Canberra, Melbourne and Perth and will be pleased to give advice at no cost to establish whether or not you have a viable personal injury compensation claim. Do yourself justice – contact Rapid Solicitors without delay.
Cyclists know and accept that if they are involved in a collision with a motor vehicle that they will inevitably come off worst. A cycle accident compensation claim is often substantial due to severe injuries that can be inflicted on an unprotected cyclist. A cyclist is in a very vulnerable situation being completely exposed, without any protection in an impact. If there is a side impact a cyclists legs are completely exposed and if they get flung from their bikes the likelihood of a head injury is high even when wearing protective gear.
There are over 5,000 accidents involving cycles every year in Australia. Of these about 1,000 riders are seriously injured or killed. Some cycle accident claim settlements involve a highway authority due to injury caused by poor road maintenance although most claims arise from a collision with a motor vehicle . This type of accident is commonly caused by motorists not watching for cyclists on the inside when turning left or not giving a cyclist adequate space and forcing past them. The most serious accidents usually involve a vehicle turning right at speed in front of an oncoming cyclist. Drivers need to be aware that cyclists are vulnerable, in fact for every kilometre travelled they are 14 times more likely to be killed or seriously injured than car drivers.
A bike rider doesn't have solid protection and is usually thrown from their cycle in the course of a collision. Even with the protective measure of a helmet, the bike rider is at great risk of severe injury when involved in a high speed accident. A helmet may prevent some head injuries but does not prevent damage to the neck by fracture or dislocation which may cause paraplegia or quadriplegia. An individual suffering from serious injury is faced with the uncertainty of their prognosis, the uncertainty of how they will cope and how they will be able to take care of themselves and their dependants for the rest of their lives. A cycle accident claim settlement is designed to provide the victim with financial security and in very serious cases to ensure that their financial needs are met for the rest of their lives.
If you were injured because of the negligence of another, you will receive a cycle accident claim settlement for the pain and suffering of any injuries, loss of earnings both past and anticipated in the future and all other reasonably incurred losses including.
There are a number of different situations that can result in a cycle accident compensation claim. The most common scenarios that may trigger legal action by a solicitor in the event of personal injury to a cyclist are as follows :-
collisions with motor vehicles
falls when trying to avoid a collision
Cyclists should also be aware that they have the same duties and responsibilities as motorists when they are out on the road. There are frequent reports of cyclists taking unnecessary risks including trying to beat red lights so they can avoid stationary traffic or weaving in and out of fast moving cars. These people may be in the minority but their behaviour puts them at high risk of injury which may not attract an award of damages in a cycle accident compensation claim or any award that is made can be reduced on the basis of contributory negligence.
Motorists should give cyclists respect and recognise them as legitimate road users, especially in view of the fact that they are not required to carry insurance as are the drivers of a motor vehicle. Cyclists should realise the potentially danger that they are in when riding on busy roads and should take the necessary precaution to protect themselves as much as possible.
The last person that a bike rider wants to meet is a cycle accident solicitor. No matter how safe we are when on the road, we cannot entirely eliminate the possibility of an accident. There are, however, steps that cyclists can take to minimise the odds of being involved in a collision thereby avoiding that potential liaison with an accident lawyer. It is particularly important for cyclists to utilise all safety precautions available to them including adequate lighting, bright clothing and a helmet. Not only are cyclists at a greater risk of being involved in an accident, than most other road users, they are also at a greater risk of suffering severe injury including damage to the spine, skull or brain.
Our cycle accident solicitors provide a level of excellence in the specialist field of cycle accident compensation claims which takes a high level of commitment, substantial investment and constant training. Our lawyers offer the no win no fee scheme and will give free advice without any further obligation. If you would like to speak to a qualified solicitor just use the helpline or email our offices.
Bicycle riders are amongst the most vulnerable road users with two cyclists being killed every week in Australia. In addition almost 2,000 cyclists are reported as being injured ever year with several hundred suffering serious or life threatening injuries although it is believed that most injuries to cyclists are not formally reported. About a third of those who are injured are children with most injuries occurring on the journey to and from school. Most cycle accidents involving a third party driver occur in the following situations :-
cyclist turning right into the stream of traffic
motorist turning into path of the rider
motorist emerging into path of the rider
riding into the path of a vehicle when riding off a pavement
rider overtaking another vehicle and being hit from behind
motorist fails to give precedence to cyclist travelling at right angles on a junction
The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here