Summer Cycling and E-Bike Injuries: What Are Your Rights?

With the onset of summer, this tends to be the busiest period for cycling and electric bike use. With more people commuting, exercising and using shared bicycles and e-bikes, the roads, cycle lanes and public spaces become noticeably busier. This increased activity leads to a higher risk of accidents.

If you have been injured, you may be entitled to bring a cycling accident claim or e-bike injury claim for compensation.

Understanding liability

Cycling and electric bike accident claims are generally based on the law of negligence. All road users, local authorities and equipment providers have a legal duty to take reasonable care to avoid causing foreseeable injury to others. In practice, this means-

• Drivers must operate vehicles safely around cyclists and other vulnerable road users.
• Local authorities must maintain reasonably safe roads, pavements and cycle lanes.
• Manufacturers and hire providers must ensure bicycles and e-bikes are safe and fit for use.
• Cyclists and pedestrians must act responsibly in shared spaces.

To succeed in a claim, it must be shown that a duty of care existed, that it was breached, and that this breach caused the resulting injury and any subsequent financial loss.

Common cycling and electric bike accident scenarios

• Collisions with vehicles – One of the most serious risks involves drivers failing to give way, keep an adequate lookout, overtaking too closely or misjudging a cyclist’s speed, presence or position. These incidents often result in serious injury claims.
• Road defects and hazards – Potholes, uneven surfaces, debris and poorly marked cycle lanes can cause cyclists to lose control. Where defects are known but not repaired within a reasonable timeframe, a local authority may be liable.
• Defective bicycles or electric bikes – Mechanical faults such as brake failure, tyre blowouts or battery issues can lead to sudden and serious accidents. Liability may rest with manufacturers, suppliers or maintenance providers.
• Accidents in shared spaces – Busy pavements, parks and cycle routes can result in collisions between cyclists and pedestrians, particularly where layout, signage or management is inadequate.

Common cycling accident injuries

Cycling and e-bike accidents can cause a wide range of injuries, including-

• Head injuries and concussion
• Spinal and back injuries
• Soft tissue damage and ligament injuries
• Fractures (wrist, collarbone, arms, ribs)
• Facial injuries and dental trauma
• Long-term disability or reduced mobility

In more serious cases, injuries may require ongoing treatment, rehabilitation and long-term care.

Claiming compensation: the legal considerations

To have a successful claim for compensation, the following needs to be considered:

1. Time limits apply as most court proceedings must begin within three years of the accident date.
2. Evidence in the form of photographs, CCTV footage, witness statements, wage slips, medical records and travel receipts are of importance.
3. Burden of proof requires that you must show that the defendant’s negligence was the cause of your injury and loss.

Contributory negligence

Your compensation may be reduced if you were partly responsible for the accident or failed to take reasonable care. A failure to follow traffic regulations, take safety measures or ride with appropriate visibility may be considered as contributory negligence and lead to a deduction in the compensation awarded.

In cases involving head injuries, depending on the seriousness of the injury, a failure to wear your helmet could lead to a reduction of around 15%, and up to 25% where evidence indicates that the injury would not have occurred if a helmet was worn.

Cycling and e-bikes provide an efficient, economical and an environmentally friendly way to travel, particularly during the summer months. However, increased usage inevitably brings increased risk.

Understanding your legal rights after an accident and seeking early legal advice ensures you are in the strongest position to preserve evidence and strengthen your case. If you believe you may have a claim, specialist advice can help assess liability, evaluate the potential value of your case and guide you through the claims process, including assisting with your recovery. To speak to one of our personal injury experts, please call 0330 822 3451 or request a callback.