Advice for cyclists hit by a car pulling out of a drive

Even the most safety conscious and careful cyclists can be caught out by a driver pulling out from a driveway. The car may not be travelling at speed, but the cyclist can nevertheless sustain injuries either due to the collision itself, or by attempting to avoid it.

Cyclist injury claims commonly arise in the follow scenarios:

  • Being hit by the vehicle, sustaining injuries to the limbs, head or back
  • Reacting to the vehicle pulling out into the road and moving into the path of another vehicle, causing serious injury
  • Avoiding the vehicle and falling from the bike, sustaining lacerations and bruises

Who is at fault if a driver causes injury to a cyclist when reversing from a driveway?

Drivers are responsible for using their vehicles with due care and attention to other road users. They are obliged to complete a thorough check of their surroundings before proceeding to reverse.

If they have failed to check that the area is clear, or have merely given a cursory glance in the mirror before moving out, they are likely to be responsible for accidents caused as result of their actions.

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What should you do if you are a cyclist who has been injured by a driver emerging from a driveway?

If a motorist has caused you to be injured, you may be entitled to claim compensation. In general, road users including cyclists have right of way over those pulling into the road. In this situation, provided that you were following the highway code, it is likely that you have a claim.

In order to ensure that your case is as strong as possible, there are several things you can do:

  • Report the accident to the police as soon as you can. They will interview the driver and talk to any witnesses - this can help to corroborate your version of events.
  • Get medical attention as soon as possible, either from your local hospital or GP - they can verify your injury and give details about the treatment that is required.
  • Keep a record of the location of the accident, and the date and time it happened.
  • Take photographs of your injury, and of the condition of your bike after the incident - this is further proof of what has occurred.
  • Do not discard the cycle if it is beyond repair - it may be needed as evidence.
  • If you are unable to work because of being hurt, or can only perform limited duties, keep a record of how this has impacted on you and your family financially.

The Quittance panel of solicitors can guide you through the cycling injury claims process. For more information regarding making a cyclist injury claim, call us on 0800 612 7456.

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