Cycling and Pedestrian Accident Claims

Cyclists and pedestrians are among the most vulnerable road users. If you were injured while cycling or walking — whether by a vehicle, a road defect, or poor road layout — you may have a personal injury claim against the driver, the local highway authority, or another responsible party.

Eligibility

To claim, you must show: (1) another party owed you a duty of care, (2) they breached that duty — for example, a driver failed to give way, or a council failed to maintain the road surface — and (3) the breach caused your injury. The limitation period is 3 years. Cyclists and pedestrians injured by uninsured or untraced vehicles can claim through the Motor Insurers' Bureau.

Indicative compensation ranges

Cycling and pedestrian accidents often result in more serious injuries than RTA occupant claims because of the lack of protection. General damages are assessed using the Judicial College Guidelines.

Severity / type	Range (general damages)	Characteristics
Wrist fracture, good recovery	£3,310 – £4,690	Undisplaced or minimally displaced, recovery in months
Leg: moderate fracture	£17,960 – £27,760	Fracture with metal insertion, some ongoing effects
Pelvis: moderate	£26,590 – £39,170	Significant fracture but without major long-term disability
Head injury: minor	£2,690 – £14,990	Concussion, soft tissue, full or near-full recovery
Head injury: moderate	£43,060 – £219,070	Moderate to severe neurological effects, variable prognosis
Traumatic brain injury: severe	£219,070 – £379,100	Significant intellectual or physical deficit, long-term care needs

Time limits

The standard 3-year limitation period applies. For MIB claims (uninsured/untraced driver), the MIB requires prompt notification — you should contact them or instruct a solicitor as soon as possible after the accident. Claims for road defects against highway authorities follow the same 3-year period but require evidence of the defect, which can deteriorate quickly.

The claims process

If safe, photograph the scene, road defects, and your injuries immediately
Get the details of any vehicle involved (registration, driver details, insurance)
Report to the police if you were hit by a vehicle (you will need a crime reference number for MIB claims)
Your solicitor investigates liability and obtains a medical report
Pre-action protocol is followed — a letter of claim is sent to the defendant
Settlement negotiations or court proceedings follow

Frequently asked questions

I was hit by a car that drove off — can I still claim?

Yes. If the driver is untraced, you can make a claim through the Motor Insurers' Bureau's Untraced Drivers' Agreement. You should report the incident to the police as soon as possible and cooperate with any investigation.

I was cycling on a cycle path when I fell due to a pothole — who do I claim against?

You would claim against the highway authority responsible for maintaining the cycle path, typically the local council. Photograph the pothole (with a scale reference), note when you reported it, and check the council's inspection records.

Do I need to have been wearing a helmet?

There is no legal requirement for adult cyclists to wear helmets in England and Wales, but the absence of a helmet could be raised by the defendant as contributory negligence — potentially reducing your award for head injuries. A solicitor can advise on the likely impact in your specific case.

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