Who Is at Fault If Your Partner Has Been Knocked Off Their Bike?
If your partner has been knocked off their bike, determining who is at fault can sometimes be straightforward. The driver may have been prosecuted, or perhaps they’ve admitted liability. However, in other cases, the motorist may try to place the blame on your partner.
At Cyclinglawyer, our specialist team investigates cycling accident claims to ensure you and your partner can prove negligence on the part of the driver or other motorist, helping you secure the compensation you deserve.
Contact Our Bicycle Accident Claims Solicitors
To discuss making a cycling accident claim, please get in touch with our team today. You can call us on 01446 794199, fill in our online form, or email info@cyclinglawyer.co.uk for support.
Investigating Cycling Accidents
The level of investigation required depends on the details of your partner’s accident and the defendant’s position. If the police have charged the driver with an offence, such as dangerous driving. It could assist with establishing liability in their claim.
When the driver and their insurer accept liability, the compensation process can proceed smoothly. However, if there is a dispute about the extent of your partner’s injuries or damages, legal proceedings may still be necessary, particularly if your partner has suffered serious injuries, such as a spinal injury affecting their ability to work.
If the driver’s insurance company denies liability, our team will carry out a thorough investigation. We’ll gather all relevant evidence, especially if the driver attempts to shift the blame onto your partner or another road user.
Proving Fault in a Cycling Accident
If the motorist does not admit liability, it will be up to our legal team to build a strong case. Our specialist cycling accident solicitors will:
- Take a detailed statement from your partner
- Review the police accident report, if available
- Help identify and take statements from any witnesses
- Examine any photographs or videos of the accident scene, including damage to your partner’s bike and the vehicle involved
- Review helmet camera footage, CCTV, or doorbell camera footage (if available)
- Seek expert opinions from accident investigators, if necessary
- Assess whether the motorist breached any relevant Highway Code rules
If the motorist and their insurer still refuse to accept liability, a court will decide who is responsible. The judge may conclude that your partner was partly responsible for the accident – for example, if they made a manoeuvre without indicating or checking behind them. However, the court may also determine that the driver failed to maintain a safe distance or was driving at an unsafe speed.
Contributory Negligence and Compensation
If a court rules that your partner was partly responsible, they may still receive compensation, although the total amount could be reduced. The percentage of compensation will reflect the degree of responsibility attributed to each party. For instance, the court may decide that your partner should receive a percentage of the full compensation amount, if some contributory negligence is found.
No-Win, No-Fee Funding
We understand that deciding whether to make a compensation claim can feel overwhelming, especially when the driver has not been charged or is denying responsibility. That’s why we offer a free, no-obligation claim evaluation and operate on a no-win, no-fee basis.
Our team is highly experienced in both the investigation of cycling accidents and the assessment of compensation claims. We’ll ensure that your partner’s compensation reflects the full extent of their pain, suffering, and any financial losses they have incurred.
Contact Our Bicycle Accident Claims Solicitors
If you’d like to discuss making a claim on behalf of your partner, our team is here to help. Call us on 01446 794199, fill in our online form, or email info@cyclinglawyer.co.uk for support.
