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HomeMedia CentreHit By A Cyclist on a Pavement?
Hit By A Cyclist on a Pavement?

Hit By A Cyclist on a Pavement?

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

How to File a Personal Injury Claim for Compensation

Cycling is a popular mode of transport, but if you’ve been hit by a cyclist on a pavement, you may want to file a personal injury claim against them for compensation. In severe cases involving serious injury, the cyclist may even face prosecution for dangerous clycling. So unless a pavement is clearly marked as a shared-use path for both pedestrians and cyclists, riding on the pavement is prohibited.

There are other forms of dangerous cyclist behaviour which may also cause injuries. So if you are a pedestrian who has been injured in an accident with a cyclist, you may be entitled to claim for compensation.

We work with personal injury lawyers who operate on a ‘No Win, No Fee’ basis and who can assess whether your case is valid in a free, initial consultation.

Is Cycling on a Pavement Illegal?

Under the Highway Code Rule 64, cycling on a pavement is illegal. Pavements are designated for pedestrian use unless specifically marked as shared pathways. This law applies across England and Wales, with similar rules in Scotland.

Exceptions to the Rule

Certain pavements are legally designated for shared use. These will be marked with signs showing a bicycle symbol alongside a pedestrian symbol. In these areas, cycling is permitted. Without these signs, riding on a pavement is against the law.

Police have the discretion to issue a Fixed Penalty Notice (FPN) of £50 for cycling on a pavement.

Why Cycling on a Pavement Is Considered Dangerous

Pavements are designed to be safe spaces for pedestrians, including children, elderly people, and individuals with mobility issues. A cyclist travelling at speed can cause serious injury if they collide with a pedestrian.

What Happens If a Cyclist Hits a Pedestrian?

If a cyclist hits a pedestrian while riding on a pavement or engages in any form of dangerous cycling, they may be held liable for the pedestrian’s injuries. Just like drivers, cyclists owe a duty of care to other road users, including pedestrians.

As a result, the injured pedestrian may file a personal injury claim against the cyclist.

Types of Dangerous Cycling Behaviour

Cyclists must follow road traffic regulations. Dangerous cycling isn’t limited to riding on pavements. Other risky behaviours include:

  1. Cycling Through Red Lights

Running a red light is illegal and highly dangerous. Cyclists must stop at traffic signals just like motorists.

  1. Failing to Use Lights at Night

Cyclists are legally required to use front and rear lights when travelling between sunset and sunrise. Riding without lights puts both the cyclist and others at risk.

  1. Cycling Under the Influence of Alcohol or Drugs

It is an offence to cycle while unfit due to alcohol or drugs. This can impair judgment and reaction time, increasing the risk of accidents.

  1. Using Mobile Phones or Headphones

Distractions significantly reduce awareness. While not always illegal, this behaviour may be deemed negligent if an accident occurs.

  1. Aggressive or Reckless Cycling

Speeding through crowded pedestrian areas, ignoring road signs, and weaving in and out of traffic all constitute reckless cycling.

Can a Pedestrian Make a Personal Injury Claim If Hit by a Cyclist?

Yes. If a pedestrian is injured due to a cyclist’s negligence or illegal behaviour, such as riding on a pavement, they are entitled to pursue compensation through a personal injury claim.

What Can Be Claimed?

  • General Damages: Compensation for pain, suffering, and loss of amenity.
  • Special Damages: Covers financial losses such as medical expenses, lost earnings, travel costs, and rehabilitation.

Who Pays the Compensation?

Unlike motorists, cyclists are not legally required to hold insurance. However, many cyclists have cover through household insurance or cycling organisations. If no insurance is available, the cyclist may be personally liable.

What You Need to Start a Personal Injury Claim

To bring a successful claim, you will need to gather evidence to prove that the cyclist was at fault and that their actions caused your injuries. Key evidence may include:

  • Witness Statements: Contact details of anyone who saw the incident.
  • Photographic or Video Evidence: CCTV footage or photos of the scene and injuries.
  • Medical Records: A medical report confirming your injuries is essential.
  • Police Reports: If the police attended the scene or issued a fine, this will support your claim.
  • Proof of Financial Losses: Receipts, invoices, or payslips showing loss of earnings.

Time Limits for Making a Claim

The standard time limit for personal injury claims is three years from the date of the accident. There are exceptions for children or individuals lacking mental capacity.

How to Start Your Claim

  1. Seek Medical Attention: Your health should be the priority.
  2. Report the Incident: Inform the police, especially if the cyclist was on a pavement or behaving dangerously.
  3. Gather Evidence: Take photos and collect witness information.
  4. Contact a Personal Injury Solicitor: We work with highly experienced personal injury lawyers who can evaluate your case and handle the claims process on your behalf.

How Is Compensation Calculated?

Compensation is based on the severity of your injuries and the financial impact on your life. Soft tissue injuries may result in a few thousand pounds, while serious fractures or long-term disabilities can lead to claims worth tens of thousands.

Factors Considered:

  • Severity and type of injury
  • Recovery time
  • Impact on daily life and employment
  • Psychological trauma
  • Any ongoing care or rehabilitation required

Preventing Accidents: Responsibilities of Cyclists

Cyclists can reduce the risk of accidents by following these safety measures:

  • Use designated cycle lanes
  • Always give priority to pedestrians on shared-use paths
  • Obey traffic laws and signals
  • Use lights and reflective clothing
  • Maintain full control of the bicycle at all times

Contact Our Team Now

Cycling on a pavement is illegal unless clearly indicated as a shared path. If you, or a loved one has been hit by a cyclist, you may be eligible to pursue compensation for your injuries.

To discuss your potential claim in confidence, contact Jefferies Claims on 0333 358 3034. Alternatively, complete our online contact form to arrange your initial, no-obligation consultation.

 

This blog is for informational purposes only and does not constitute legal advice.

 

Jefferies Claims is a claims management company. Jefferies Claims Limited is authorised and regulated by the Financial Conduct Authority FRN:999104.

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