HM Insights

Winter Road Safety for Cyclists - risk of accidents increases as the clocks change

With the clocks changing, more motorists, cyclists and pedestrians spend more time driving, walking and cycling in the hours of darkness. The change in visibility and temperature mean that all road- users become more vulnerable, particularly cyclists making their way to and from work.

Cycling Accident Personal Injury Claim Compensation Lawyer Scotland

Our specialist Personal Injury team has successfully represented a cyclist who was hit by a car at the time of year the clocks changed.

Why did the cycling accident happen?

Our client was cycling to work in the early morning at the end of October when he was struck by a car that came through a give way on his near side. The impact caused him to roll over the bonnet of the car and he suffered serious injuries- fortunately he was wearing a cycling helmet. Despite the fact our client was wearing high visibility cycling gear, this accident occurred - the driver of the car simply did not see our client's bike.

What is the law in relation to cycling accidents?

Car drivers owe a duty of care to cyclists who are travelling on public roads. This duty of care owed is to keep a proper lookout for other road users, including cyclists, and to take reasonable care to avoid causing accidents on roads. In this accident the car driver failed in these duties and as a result of this failure our client suffered injury and loss. The law states that all loss and injury that is reasonably foreseeable can be recovered from a negligent party - in this case the car driver.

We were able to prove that the car driver failed in these duties and that all injuries were caused by the driver's negligence. We were able to prove negligence on the part of the car driver and successfully recovered damages for our client.

The Highway Code

Rule 59 of the Highway Code gives some guidance on what is the appropriate to improve the personal safety of a cyclist. It recommends:

  • A cycle helmet which conforms to current regulations, which is the correct size and is securely fastened;
  • Light- coloured or fluorescent clothing which helps other road users to see you in daylight and poor light; and
  • Reflective clothing and/or accessories (belt, arm or ankle bands) in the dark.

What injuries did the cyclist suffer?

Our client was taken by ambulance to A&E and suffered multiple injuries including:

  • A broken left thumb
  • A broken elbow
  • Swelling on his left knee and thigh
  • Swelling on his right knee cap and upper calf
  • Pain to the left side of his neck caused by his head hitting the ground.

He was unable to work following the accident for three month before returning on restricted activities and was on a staged return to work.

The pain he experienced in his knee and elbow resulted in an inability to sleep properly for about ten weeks, an overall lack of mobility and anxiety about his ability to do his job and being able to join in fully with family activities. Our client was unable to perform his usual household tasks, his right elbow injury required surgical intervention and he also received physiotherapy.

Prior to the accident our client attended the gym approximately 5 times per week to do weight training and he cycled to and from his work. In addition our client would cycle between 60 - 100 miles at the weekends. Prior to the accident our client took part in a number of contact sports including wrestling, rugby and football and was unable to do these following the accident.

What did our Personal Injury specialist do for this client?

Our Personal Injury team are experienced in representing cyclists due to their expert cycling legal knowledge. We were able to recover damages for our client for all his losses including Personal Injury, loss of earnings and damage to his specialist cycling equipment including bicycle, helmet and cycling clothing.

Contact our personal injury solicitors

If you've suffered a similar injury our solicitors can help you secure the justice and compensation you deserve. Get in touch now for a free chat about your claim.

We will be able to give you an indication of the potential value of your claim. Remember with us you keep 100% of the compensation your receive.


The small print: This blog is for information purposes only and should not be construed in any way as providing legal advice.