Cycling accidents are common and can be severe due to the lack of protection a bicycle offers. When they do occur, it's vital to gather the appropriate evidence for a successful personal injury claim. Doing so can help you to pursue compensation and get the support you need to make a recovery from your injuries.
In the UK, personal injury claims often hinge on proving negligence - that is, showing that another party acted carelessly or irresponsibly, leading to your accident. The types of compensation you may be entitled to can include medical costs, loss of earnings and emotional distress.
In the following blog post, the cycling accident claims experts at Ramsdens explain the essential steps for collecting evidence if you find yourself involved in a cycling accident, and what else you may be able to do.
The importance of legal help
Below, we explain the different types of evidence you can collect to support your claim, some of which you will need to gather yourself. However, you should not attempt to take legal action without the support of an expert, as doing so can lead to costly mistakes in a complicated process. The support of a professional solicitor - such as those at Ramsdens - is invaluable following a cycling accident that was not your fault. Your solicitor will be able to guide you through most of the points covered in this guide to avoid mistakes and navigate the process with ease.
Gathering different types of evidence
Evidence for cycling accidents takes various forms, and different types of evidence can benefit your claim in different ways.
- Medical records: seek medical attention as soon as possible after the accident, even if your injuries seem minor. Your medical records will provide documented evidence of your injuries and are often essential for substantiating your claim.
- Photographic evidence: photographs can provide a compelling record of the accident scene, your injuries and any damage to your bicycle. Use a smartphone or camera to capture multiple angles and conditions of the road, any traffic signs and the positions of the vehicles involved.
- Witness statements: if there are any witnesses to the accident, it's important to get their contact information. Witnesses can offer valuable perspectives that may corroborate your account of events. Make sure to ask them specific questions about what they saw and heard.
- CCTV footage: CCTV cameras are common in urban areas, and their footage can be a vital piece of evidence. If you're aware of any cameras that may have captured the accident, make a note of their locations and request access to the footage from the relevant authorities or property owners. The police may also be able to provide insight into this source of evidence.
- Police reports: involving the police creates an official record of the incident. The police will investigate the scene and take statements from all parties involved. You have the right to request a copy of the police report, which will serve as a key piece of evidence in your claim.
- Financial evidence: keep a record of all costs incurred as a result of the accident. This includes medical bills, repair or replacement costs for your bicycle, and any other related expenses. Financial evidence is necessary if you are planning to claim for your financial losses, and detailed logs will benefit the accuracy of your compensation amount.
Keep all the evidence you've collected organised. Establish a timeline of events, and maintain a folder - physical or digital - that contains all photographs, witness statements and other important documents. This will be invaluable when you're building your case.
Importance of timely evidence collection
Your first thoughts should revolve around your immediate wellbeing rather than the potential legal implications. However, once you are able, the value of gathering evidence quickly cannot be overstated, and gathering some initial evidence immediately following your accident will benefit you later if you decide to make a cycling accident claim.
- Preservation of the scene: accident scenes can change rapidly. Vehicles are moved, weather conditions alter and even the angle of natural light can make a difference in how well photographic evidence captures the details. The sooner you can document the scene, the less likely it is that vital information will be lost or compromised.
- Witness availability: over time, witnesses may become harder to track down, or their memories of the incident may become less clear. Witnesses might also move away or become otherwise unreachable as time passes, making it imperative to act quickly. Gathering witness statements immediately following the accident ensures that their accounts are as accurate and detailed as possible.
- Physical evidence: physical conditions, such as skid marks or debris from the accident, can quickly disappear or be altered. Capturing these details soon after the incident can provide critical insights into the dynamics of the crash, potentially strengthening your claim.
- Medical documentation: receiving immediate medical attention is not only vital for your health but also for your claim. Delaying a medical evaluation can give the impression that your injuries are not severe, weakening your case. Immediate medical records can directly link your injuries to the accident, making it harder for the opposing side to argue against your claim.
- Fading memories: even your own recollection of events can become less precise as time goes by. Noting down what happened can serve as a reliable account when you proceed with your claim, reducing the chances of inconsistency that could be exploited by the opposing party.
If you are seriously concerned for your health, you may be able to get someone you trust to gather this initial evidence for you.
Seek legal support
Collecting evidence is just the first step in making a personal injury claim. Our team of specialists can help guide you through the complexities of the legal system. If you're facing challenges in gathering evidence or have questions about the process, contact the specialist personal injury team at Ramsdens Solicitors.
We offer free legal advice on your first consultation. For help seeking cycling accident compensation, simply call us today on 01484 821 500, email us at info@ramsdens.co.uk, or fill out an online contact form and we'll be in touch at a time suitable for you.