Bicycle Accident Compensation – Quick Answer
Cyclists injured in road accidents may have compensation options, especially where a motor vehicle, unsafe road condition, dooring incident or negligent behaviour contributed to the crash. The correct claim pathway depends on how the accident happened and who was involved.
After a bicycle accident, cyclists should get medical help, report the incident where required, collect details and seek advice before dealing with insurers alone.
Cyclists may have compensation rights after an accident, but the pathway depends on whether a vehicle, road hazard, public authority or another party contributed to the injury.
Bicycle Accident Checklist
- Get medical help: Even minor symptoms should be checked.
- Record driver details: Name, rego, insurer and contact details if a vehicle was involved.
- Take photos: Bike, road, hazard, vehicle and injuries.
- Find witnesses: Collect names and contact details.
- Keep receipts: Treatment, repairs and out-of-pocket expenses.
Can cyclists claim compensation after an accident?
Cyclists may be able to claim compensation if another party contributed to the crash or injury.
On the 17th February 2013, Steven Jarvie, 62, was cycling along the Old Pacific Highway with a group of four friends. A motorcycle rider, Ben Smith, now 27, and his father, rode past the group at such speed and close proximity that Mr Jarvie came off his bike. He later died having suffered severe head injuries from the bicycle accident.
Ben Smith was found guilty of manslaughter in May this year, and was sentenced to at least 5 and a half years in jail on Monday.
Justice Buscombe of the Penrith District Court heard evidence that Smith, who didn’t stop to help Mr Jarvie, had later boasted to a cyclist at a nearby café that “the c— f—ing deserved it”.
Smith had previously been known to yell abuse at cyclists while passing them on the road, as well as posting a warning to cyclists on his Facebook account in 2012, stating: “Start paying for using the road or keep copping abuse and 2inch [sic] flybys.”
While Justice Buscombe was not satisfied beyond reasonable doubt that Smith deliberately drove too close to Mr Jarvie because of his apparent hatred of cyclists, His Honour noted that Smith and his father rode past the group “in a manner that was grossly negligent”.
What causes bicycle accident claims?
Claims may involve car collisions, dooring, unsafe roads, public hazards or negligent driving.
What should cyclists do after a crash?
Cyclists should seek treatment, collect details, preserve evidence and report the incident where needed.
While cyclists become a more regular sighting on the roads of NSW, legislators have had to reconsider laws regarding the space drivers must leave when passing cyclists. Drivers in NSW must now leave at least 1 metre when passing a cyclist in speed zones of up to 60km/h. In higher speed zones, the distance increases to 1.5 metres. A $319 fine and a penalty of 2 demerit points applies to those who do not obey the new laws.
In order to maintain a safe distance, drivers are now exempted from crossing the centre dividing lines or continuous lane-dividing lines in order to overtake a cyclist when it is safe to do so.
Our bicycle injury lawyers can help cyclists understand their compensation options after a crash.
What compensation may be available?
Compensation may depend on injury severity, losses, treatment needs and the applicable claim scheme.
How can Stacks Goudkamp help injured cyclists?
Stacks Goudkamp can advise on the appropriate pathway for bicycle accident compensation.
If you or somebody you care about has been involved in a bicycle accident, you may be entitled to compensation. For more information, and to arrange a free, no-obligation assessment of your claim, please call Stacks Goudkamp on 1800 251 800, or alternatively make an online enquiry.
FREQUENTLY ASKED QUESTIONS
Can cyclists claim compensation after a road accident?
Cyclists may be able to claim compensation if another driver, road hazard or other party contributed to the accident.
What should I do after a bicycle accident?
Get medical help, collect driver and witness details, take photos, report the accident if required and keep treatment records.
Can I claim if I was hit by a car while cycling?
You may have a claim if a motor vehicle was involved, depending on the circumstances and applicable insurance scheme.
Can poor road conditions lead to a bicycle accident claim?
They may, if an unsafe road or public hazard contributed to the accident and another party had responsibility for the area.
How can Stacks Goudkamp help cyclists?
Stacks Goudkamp can review the crash circumstances and advise whether compensation options may apply.
