Cycling Accident Claims And Liability
Personal injury compensation is used to cover all costs and losses that accrue as a result of the accident. Your solicitor will typically present your case to the court, including an assessment of how much you are entitled to, and it is also their job to prove who was liable for the accident. If a car pulled out in front of you, or cut you off at a junction, if a bus didnâ€™t allow you enough room when pulling up, or even if a pedestrian stepped out into the road without checking to see whether anything was coming, then you should have the right to claim compensation but it will be necessary to prove liability and to prove that the losses you suffered wouldnâ€™t have occurred anyway.
Cases can vary greatly in their level of complexity. Your case may include eyewitness accounts, expert witness testimony, and medical evidence to help ensure that you have the best possible chance of a successful outcome, while the duration of the case is often determined by whether the other party contests liability or not.
Eyewitness accounts and statements can prove invaluable to a compensation claim, and if you are able to gather contact details from those at the scene then this can prove very useful to your case. You should ensure that it is safe to do so, and always be polite when asking for any kind of information from bystanders and witnesses. The police, however, may not request statements from all witnesses, so it could prove crucial to your case later.
Expert witnesses are often used when building a case in order to take what can be a complex matter and effectively translate it so that the courts can understand it. Accident investigation can incorporate many elements, but the most commonly used expert testimony in this type of case is that of medical opinion. While your solicitor will want to use your own doctorâ€™s notes and your medical files, they may also want to use a specialist or consultant in order to help show how long you are likely to be side lined, the exact extent of your injuries, and other factors.
The question of liability is an important one, and as well as determining that a specific party was solely responsible for an accident, the court may decide that liability can be apportioned to more than one party. They may determine that a driver did pull out dangerously, but that you should still have had enough time to at least slow down. In these cases, they may rule that the other party is only liable for a portion of the total damages that they calculate. These cases can take longer to complete.
There are many different factors that will determine the outcome of a case. Liability is only one factor, but it is an important one, and only where liability can be proven can you expect to enjoy a successful outcome to your compensation claim.
Having a skilled and experienced solicitor will help ensure you have the greatest chance of proving liability. Carry On Cycling are professional solicitors, as well as experienced cyclists, giving them a unique and beneficial perspective on exactly this type of compensation claim case.