Can i make a cycling injury claim if i ran a red light?

Even though running a red light on a bicycle is against the law, you may still be able to make a claim if you were injured while cycling after doing so.

We explain how such an incident affects your ability to seek compensation and how the legal concept of 'contributory negligence' could affect your claim.

What does the law say about cyclists jumping red lights?

According to the Road Traffic Act 1988 and the Traffic Signs Regulations and Directions and Directions 2002, it is an offence for a road user to cross a traffic light stop line when the traffic lights are red.

The law applies equally to motorists and cyclists. If you jump a red light as a cyclist you could face a maximum £1,000 fine.

Some signal-controlled junctions have ‘Advanced Stop Lines (ASLs)’ which are sometimes referred to as ‘bike boxes’.

The Highway Code explains that ASL’s are designed to:

“Allow cyclists time and space to move off when the green signal shows.”

Motorists, including motorcyclists, must stop at the first white line reached if the lights are amber or red and cyclists must stop at the second white line.

What if I jumped a red light and was subsequently injured?

If you ran a red light and collided with another road user, it may still be possible to claim injury compensation for a cycling injury. However, it will need to be established that there was negligence on the part of the other road user.

If, for example, you ran the light and were hit by a driver crossing a green light, a court may conclude that you were solely responsible for your injuries and no compensation would be awarded.

However, if the driver involved in the accident was speeding, the court may determine that they share part of the blame. It's possible that your accident might have been avoided or your injuries less severe if the driver had been traveling at or below the legal speed limit. In such cases, a court may find that while you contributed to the incident by running a red light, the driver's speeding was also a contributing factor to the accident and your resulting injuries.

See also:

Claim injury compensation for a cycling injury

Contributory negligence

Establishing legal responsibility (liability) after an accident can often be complex, and you may still be able to claim compensation even if you share some blame for your accident or for the severity of your injuries, such as not wearing a bicycle helmet.

This principle is known as 'contributory negligence,' is where the court recognises shared fault and adjusts compensation accordingly. For instance, if a court decides that you were 25 percent at fault for an accident or the severity of your injuries, it will reduce your compensation by that same percentage.

The case of Malasi v Attmed (2011) is a relevant example of a court making a contributory negligence ruling.

In this case, a cyclist wearing dark clothing and no helmet ran a red light and was hit by a taxi. Although the taxi had correctly crossed a green light, it was travelling at between 40 and 50mph at the point of collision. As the accident occurred in a 30mph zone, the taxi was speeding.

The court decided that, although the main liability lay with the cyclist, the speeding taxi driver still contributed to the accident and the cyclist’s injuries. It was decided that the cyclist was 80% responsible for the accident. The cyclist received 20% of the compensation he would otherwise have received, had he not run a red light.

What if I injured someone else?

As a cyclist, if you run a red light and injure someone, you could be held liable for the accident. Without cyclist insurance, you might have to pay for the injured person's losses yourself. However, cycling injury cases often also involve 'contributory negligence,' where both parties share some degree of fault.

For example, if you hit a pedestrian who was crossing the road when you ran the light a court may find you fully liable. However, if the pedestrian was looking at their phone rather than the road, the court may take the view that the pedestrian might not have stepped out if they had been looking where they were going. The pedestrian's injuries may have been less severe.

In this example, your liability may be reduced on the basis of the pedestrian's contributory negligence.

See also:

Making a cycling accident claim

Can I claim if I was injured cycling without a helmet?

Should I take out cycle insurance?

Can I claim if I was injured when cycling on the pavement?

Can I claim if injured cycling at night without lights?

Can I claim compensation if injured when cycling drunk?

Is bike helmet camera footage admissible in injury claims?

Can I claim if injured on my bike by an opening car door?

Can smart watch & fitness tracker data be used in an injury claim?

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Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.