The UK government has agreed to introduce a new law that will make causing death or serious injury by dangerous or careless cycling an offence. This change comes after significant campaigning by Conservative MP Iain Duncan Smith, who argues that cyclists should be held accountable for reckless behaviour. Under the proposed amendment to the Criminal Justice Bill, dangerous cyclists could face up to 14 years in prison.

Sir Iain Duncan Smith emphasised that the proposal is not “anti-cycling” but is intended to ensure safety and accountability on the roads. The change was inspired by cases like that of Matthew Briggs, whose wife tragically died from injuries sustained in a collision with a cyclist in 2016. Sir Iain highlighted the difficulties Mr Briggs faced in seeking justice, pointing out the need for clearer laws.

The proposed amendment aims to create an offence of causing death or serious injury by dangerous, careless, or inconsiderate cycling, thereby achieving “equal accountability” with drivers who face similar consequences for dangerous driving. Transport Secretary Mark Harper supports the change, noting that while most cyclists are responsible, those who act recklessly should face the full weight of the law.

However, some, including Duncan Dollimore from Cycling UK and Chris Boardman, the cycling and walking commissioner for Active Travel England, have expressed concerns. They argue that such incidents are rare and that existing legislation already allows for the prosecution of dangerous cyclists. Boardman also suggested that more focus should be placed on addressing fatalities caused by motor vehicles, which are far more common.

This legislative change is currently progressing through Parliament as part of the Criminal Justice Bill, and if passed, it would significantly impact the legal responsibilities and potential penalties for cyclists in the UK.

 

Current Laws Regarding Dangerous Cycling

The current laws in the UK specify that a person is guilty of an offence if they ride a cycle on the road dangerously. Dangerous cycling is defined as riding in a manner that falls far below what would be expected of a competent and careful cyclist, posing an obvious danger of injury to people or serious damage to property. Careless and inconsiderate cycling is also an offence, involving riding without due care and attention or without reasonable consideration for others on the road. Additionally, it is illegal to ride a cycle while unfit through drink or drugs, and participating in unauthorised cycle races on public roads is prohibited. These laws aim to ensure cyclists ride responsibly and considerately to maintain safety on the roads.

 

Legal Advice for Injury Claims Regarding Dangerous Cycling

If you are involved in an accident as a cyclist, it’s crucial to know the steps to take to protect your legal rights and ensure you can file an injury claim effectively. Here’s a comprehensive guide to help you navigate the process:

Steps to Take After an Accident

• Ensure Safety: Move to a safe location if possible to avoid further danger. Ensure you and anyone else involved are out of immediate harm’s way.
• Check for Injuries: Assess yourself and others for injuries. Call emergency services immediately if anyone is seriously hurt.
• Call the Police: Report the accident to the police, especially if there are injuries or significant property damage. A police report will be valuable for your claim.
• Do Not Admit Fault: Avoid admitting fault or making any statements about the accident’s cause at the scene.
• Exchange Information: Collect names, contact information, and insurance details from all parties involved. If there are witnesses, get their contact details as well.

 

Documenting the Incident

• Take Photos and Videos: Document the scene of the accident, including your bicycle, any vehicles involved, road conditions, traffic signs, and any visible injuries.
• Get Witness Statements: If there are witnesses, ask them to provide statements about what they saw. Written statements are useful, but recorded statements can be even more powerful.
• Preserve Medical Records: Seek medical attention even if you don’t feel seriously injured. Some injuries may not be immediately apparent. Keep all medical records and receipts as these will be critical for your claim.
• Keep a Journal: Write down everything you remember about the accident as soon as possible. Also, keep a journal of your injuries, treatments, and how the accident impacts your daily life.

 

Filing a Claim

• Contact a Lawyer: Engage a lawyer who specialises in cycling accidents or personal injury claims. They can guide you through the process and ensure your rights are protected.
• Understand the Statute of Limitations: Be aware of the time limits for filing a claim in your jurisdiction. This period can vary, but it’s typically between one and three years from the date of the accident.
• Submit a Claim: Your lawyer will help you file a claim with the responsible party’s insurance company. Provide all necessary documentation, including the police report, medical records, and any evidence you gathered.
• Negotiate a Settlement: Your lawyer will negotiate with the insurance company on your behalf. If a fair settlement cannot be reached, your lawyer may advise taking the case to court.

 

Choosing the Right Lawyer

• Experience and Specialisation: Look for a lawyer who has experience handling cycling accident cases or personal injury claims. Specialisation in these areas means they will be familiar with the nuances of such cases.
• Reputation and Reviews: Research potential lawyers’ reputations. Read reviews, ask for recommendations, and check their success rates in handling similar cases.
• Initial Consultation: Many lawyers offer a free initial consultation. Use this opportunity to discuss your case and assess whether the lawyer is a good fit for you. Ask about their experience, approach, and fees.
• Clear Communication: Choose a lawyer who communicates clearly and regularly updates you on your case. They should be willing to answer your questions and explain complex legal terms in understandable language.
• Fee Structure: Understand the lawyer’s fee structure. Many personal injury lawyers work on a no-win no no-fee basis, meaning they only get paid if you win your case. Ensure you understand any costs you might incur.

By following these steps and tips, you can effectively navigate the aftermath of a cycling accident and work towards securing the compensation you deserve.

 

Make a Claim

Should you be considering making a claim for compensation for a cycling accident, then feel free to contact our team as you could be entitled to claim compensation.