Contributory Negligence of Cyclists

Are you looking to claim compensation for a cycling accident, but you’re unsure whose fault it was and whether this will affect your payout?

In some cases it is clear who is responsible. However, in some cases the law recognises that both parties may have played a part in what happened. In this case, the court can divide legal responsibility between the involved parties—this is not always 50/50 and can be an often complex process; this is where a bicycle accident solicitor can offer support.

Whilst cycle law has been previously overlooked during the development of road traffic cases, the Court of Appeal is now placing more emphasis on liability in bicycle accidents. It now acknowledges that some actions of cyclists (i.e. not wearing a helmet) may be considered contributory negligence, reducing an injured cyclist’s damages.

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What is liability in cycle accident cases?

Liability refers to being legally responsible for something, such as causing an accident on the road. However, a court must be able to prove liability, and they must be able to determine that the liable party is at fault.

During an accident involving two cars, liability is typically shared on the foundation of blameworthiness. However, different conditions apply if one party is a cyclist—according to the law, if a car and a cyclist are involved in an accident, the car will likely do more damage to the cyclist than the cyclist will to the motorist.

With this in mind, the law has developed the theory of ‘causative potency,’ which means that the motorist will often suffer a greater share of the responsibility for causing the accident than the cyclist, even if the cyclist was equally blameworthy. However, this isn’t always clear-cut—if you’re an injured cyclist seeking a personal injury claim, the legal principle of ‘contributory negligence’ will also come into play.

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Contributory negligence in cycle accident cases

In the context of bicycle injury claims, contributory negligence is the idea that the cyclist is partially at fault for the accident or for their injuries.

A common example is if a cyclist was involved in a road traffic accident with a motorist and was not wearing a helmet. The motorist’s insurance company may dispute that the cyclist was partially liable for their injuries because they did not take appropriate precautions to protect themselves. (Read here for more information if you were injured cycling without a helmet and wish to seek compensation.) Other examples of contributory negligence include cyclists maintaining bad positioning going around a bend, running a red light or riding in the dark without a lamp or high-visibility clothing.

In cases where contributory negligence becomes a factor, the cyclist may receive less compensation to reflect their contribution to the accident. The court will typically determine this reduction, basing it on how much the cyclist’s actions contributed to their injuries.

Contributory negligence in bicycle accidents is not always straightforward—many factors can influence a court’s decision. For example, the cyclist may not have been wearing a helmet due to a medical condition making it unsafe for them to do so. The court will, therefore, take this into account when assessing the level of contributory negligence.

See our bike accident compensation claims calculator for more information on what factors can affect bicycle accident compensation payouts and how much compensation you could expect for an injury in a cycling accident.

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If you are looking to claim compensation for a road traffic accident and you want free advice from a fully qualified solicitor then please contact us now. Using one of our specialist No Win No Fee Solicitors ensures that you have a better chance of winning your claim and receiving all of the compensation and help that you are entitled to all on a No Win No Fee basis. This means that you won't have any legal costs to pay if your claim is unsuccessful so No Win No Fee = No Risk To You.

Richard Layfield LLB (Hons)

Solicitor - Head of Personal Injury & Clinical Negligence

As an experienced personal injury and civil litigation Solicitor, I represent Claimants in all manner of personal injury case work including injuries as a result of Medical Negligence, Road Traffic Accidents, Accidents at Work, and Occupiers Liability Accidents. I handle all types off personal injury claims from the minor right through to complex, serious injury claims.

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