Cycling Accident Claims

January, 2023

Irish law

Cycling Accident Claims

There are more and more cyclists on the road. The Government are encouraging more people to use their bikes to and from work and there are many recreational and competitive cyclists on public roads. The Cycle to Work scheme and bike hire have been success stories.  It is inevitable that cyclists come into contact with other road users and as a consequence, accidents occur. In a collision with a motor vehicle, cyclists inevitably come out worse. Cyclists are involved in less than 1% of road traffic accidents, yet make up over 14% of serious injuries sustained in collisions. Cycling accidents are under reported to Gardai compared with road traffic accidents. We deal below with some of the more common questions arising from such accidents.

Where do most cycling accidents occur?

In descending order:

1. Intersection collisions
2. Collisions when travelling in the same or opposite directions
3. Door opening into the path of a cyclist
4. Collisions in car parks
5. Collisions with reversing cars

When do most accidents occur?

1. In April, May, July and September
2. Between 7-8am and 4-5pm

ie when the roads tend to be busy.

What are a cyclist’s legal obligations?

You must keep your bike in good, working order. You must cycle with due consideration for other road users and be in a fit state to control your bicycle. You must have lights front and back with reflectors if you are travelling on a public road. You must use your lights during lighting up time. You must have working brakes and a bell. You must obey the road traffic legislation and follow the rules of the road. You cannot cycle in a pedestrian area or street. You cannot cycle on a pavement unless you are entering or leaving a property.

If you decide to push your bike on a pavement during lighting up time, it still must have lights lit front and back.

You are not obliged to use cycle lanes unless it is in a pedestrian area and where the cycle lane is a contra flow cycle lane, you can only cycle in the contra flow direction.

There is no legal obligation on a cyclist to wear a helmet or reflective clothing but good sense dictates you should. See and be seen. Failure to do so may affect the amount of compensation awarded even in cases where the accident was not your fault.

Who is responsible for an accident?

Everyone using the road must do so with all due care and skill and with consideration for other road users. Statistically in accidents involving cyclists and motor vehicles, the fault lies with drivers of the motor vehicles over 70% of the time.

I was cycling along a road and a car passed too close to me, brushing me/hitting me or causing me to fall off by bike. Can I bring a claim for compensation?

Yes. A car driver has to drive competently and carefully with consideration for other users of the road, including cyclists. In 2019 the law was changed making it an offence to dangerously pass a cyclist. Relatively few prosecutions/fixed penalty notices have followed this change. It is recommended that a driver should leave 1.5 metres between them and a cyclist when overtaking where road speeds are 50km/h and in areas with lower speed limits, drivers should allow 1 metre. If a car drives too close to you and hits you then you will have a claim against the driver as they would have been negligent in the driving, management and control of their motor vehicle. If a vehicle does not hit you but drives so close to you that you become unstable and fall off your bike, then again you will have a claim against the driver for compensation.

I was turning left at a junction and the driver of the motor vehicle did not see me on the inside, resulting in a collision in which I sustained injury. Can I bring a claim for compensation?

Yes. This is a major problem at junctions especially in towns and cities where large commercial vehicles are on the roads. Such vehicles often have a blind spot and drivers fail to check their wing mirrors to see if a cyclist is on their inside. In London some lorries have been fitted with sensors, alarm soundings and better mirrors to warn drivers that cyclists are on their inside when turning left. Injuries sustained in these accidents are often very serious and can be fatal. All drivers need to be aware of the dangers posed to cyclists.

A vehicle hit me at traffic lights? Do I have a claim?

Yes. In the High Court in October, 2022 a woman was awarded €87000 for injuries sustained when she was stopped at traffic lights in Dublin and was thrown from her bicycle after being hit by a van.

I was cycling down the road and someone opened a car door into my path causing a collision. Do I have a claim?

Yes. Car users are expected to check the road is clear before they open their door into the road. If they fail to do so, and cause an accident then they are liable for the injuries sustained in the accident. In a Circuit Court case in 2022, a 32 year old soldier was catapulted from his bicycle when a van driver opened his door into his path. The judge awarded the cyclist €30000 plus his legal costs and said, “People are not entitled to suddenly open doors without first checking that all is clear.”

A car hit me when I was on my bike. The accident was not my fault. However I was not wearing a helmet. Does this affect my case?

Yes. You will still have a case for compensation but there is likely to be a reduction in the value of the claim if your failure to wear a helmet contributed to your injuries. In the Circuit Court in 2023 a cyclist lost control of her bike when a truck veered to its left brushing against her shoulder. The cyclist suffered a concussion and soft tissue injuries. The judge awarded her €20000 but reduced the award by €4000 (20%) as she had not been wearing a helmet and that failure contributed to her injuries.

A car hit me when I was cycling but did not stop and as a result I could not find out who the driver was. I sustained injuries. Can I claim compensation?

Yes. In cases where you have sustained injuries caused by the driver of a motor vehicle which does not stop or is uninsured, you may bring a claim for compensation for your injuries and other financial loss against the Motor Insurers Bureau of Ireland (MIBI). The MIBI act as if they were the insurer of the untraced/uninsured vehicle.

I was out cycling and hit a pothole on the road and fell off sustaining injuries. Do I have a claim for compensation against the local authority?

That depends. Legal liability in such circumstances is divided into 2 categories – nonfeasance (a failure to repair a road) and misfeasance (the negligent repair of a road). You cannot recover compensation for nonfeasance but you can for misfeasance so if the accident was due to the council’s failure to repair the road (nonfeasance) then there is no liability. If however the council did attempt to repair the road but did it negligently then they may be liable. These are complex areas of law and you should seek expert advice.

Can I overtake a vehicle on the inside?

Yes – if the vehicles to the right are stationary or moving more slowly than you. Be careful if you do.  However you cannot overtake on the inside if the vehicle being overtaken is:

• Signalling an intention to turn left and will move left before you overtake it
• Is stationary for the purpose of allowing a passenger to leave or get into the vehicle
• Is stationary for loading/unloading purposes

Can I cycle beside another cyclist?

Yes but not when overtaking or obstructing the road.

What should I do if I have an accident?

1. Stop. A driver is legally required to stop and remain at the scene of an accident for a reasonable time. It is an offence not to do so.
2. Get the other drivers details. A driver is legally required to stop and remain at the scene of an accident for a reasonable time. It is an offence not to do so. A driver is legally obliged to give you their name and address, the name and address of the owner of the vehicle if different than the driver, the registration number and particulars of insurance.
3. Call the Gardai if your injuries are in any way significant or you are having difficulty with the driver.
4. Take photos of the accident scene, your bike and the other vehicle.
5. Take the contact details of any witnesses. Establish if there is dash or head cam footage or other photos.
6. If you have sustained injury seek medical help and treatment.
7. If the Gardai did not attend the scene of the accident, report the accident as soon as possible to your nearest Garda station. Remember to get the name and contact details of the Garda to whom you reported the accident and the ID log details for it.
8. Contact your solicitor.

What is included in my compensation claim?

You will be compensated for your personal injuries and all other loss and damage. This will include any claim for loss of earnings, reimbursement of all hospital and medical fees, the damage to your bike and clothing and any other expenses or loss incurred as a result of the accident. It is our job to ensure that you recover all loss you sustained.

How long do I have to take a claim?

The normal limitation period for taking legal action is 2 years less one day. However there are exceptions to this rule (a) if a child sustains injury, a claim can be made any time before the child reaches the age of 18. Once a child reaches the age of 18, they have a further two years to make a claim themselves until they reach the age of 20 or (b) if the person who sustains the injury does not have mental capacity then there are no time limits.

It is important therefore that if you wish to take action, you consult a solicitor at the earliest opportunity. Do not wait. Once instructed your solicitor will normally obtain medical evidence to show that nature of your injury and the likely treatment and recovery period from same. It is on the basis of this medical evidence that the value of your case can be assessed. Your solicitor will also obtain all the evidence required to compensate you for any other financial loss.

Why instruct Kearney Law?

We at Kearney Law are ready to assist you and have the knowledge and expertise you need to make a successful claim for compensation. We have an expert team ready to deal with your cycling claim.  We will ensure you recover in full for your injuries, swiftly and professionally. We only do personal injury law and are experts at it.

We want to get you back in the saddle.

For further assistance please ring us at 01 4853560 or email us on [email protected] or fill in our contact form at https://kearneylaw.ie/contact-us/

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