BICYCLE ACCIDENTS
PERSONAL INJURY
Bicycle Accidents
If involved in a bicycle accident, which may result in litigation, there are several actions that you can take that will greatly assist. The common injuries to cyclists are:
(i) Head and facial injuries. (ii) Dental injuries (iii) bone fractures (iv) soft tissue injuries (v) cuts, bruises, and scarring. The latter might be permanent.
Cause of Accident
Establishing this is important as the cause may not necessarily be the other road user in which case the cyclist has no claim. However, if others were injured or property damaged, the cyclist might well be the person sued. Accidents between two cyclists are not uncommon.
Similar to accidents between motor vehicles, it is important to obtain both the contact information of the other party or parties as well as details of their bike or car. Taking pictures is especially useful. Take pictures of the road scene, road markings, the positions of the bike and other vehicle involved. Make a note of the ground conditions (i.e. wet or dry). Note the time of the accident and whether there was good light.
It is always useful to report the accident to An Garda Siochana, even if it is a minor accident, as a record of it is important. So, if it is a minor accident, the gardai may not attend so when reporting the accident give them your notes. If the accident is serious and is attended by the gardai, the garda will take statements from those involved and from any witnesses.
As soon as possible have your medical condition examined. For accidents where the parties are not taken to hospital, it is important that you visit your GP as soon as possible. Tell them the details of the accident and any injury or pain you are experiencing which can be traced back to the accident.
Preparing Litigation
Your solicitor will need all the records on the accident, so that will be: (i) your record of it (ii) your GP or hospital record (iii) photographs you will have taken at the accident scene iv Any garda report if available. Make sure if you receive a hospital report that it contains the name of the doctor who examined you on the day of the accident.
Expenses incurred.
All expenses you incurred arising from the accident should be given to your solicitor so make sure you have all these in receipts, as only documented expenses can be recovered. These can include cost of GP visits, medication, any medical cost directly arising from the accident and reasonable transport costs.
Damage or loss of bike.
Included in your claim will be the cost of bike replacement if, because of the accident, it is beyond repair. However, if it is repairable then this is a legitimate cost.
Loss of Earnings
If you have had to take time off work or if self-employed and cannot work, then this will be included in your claim. Evidence will have to be shown of loss of earnings.
Personal Injury
This would be your main claim if injured by the accident. This involves actual injury caused by the accident, pain and suffering and long term affects from the injuries. This will be established by the records kept at the scene of the accident and receipts evidencing all medical procedures, operations, physiotherapy, walking aids, after care requirements etc.
Time Limits
This is important. Delay could deny your action. Legislation called The Statute of Limitations requires personal injury actions to be taken within two years of the date of the accident. There are a few exceptions to this rule, e.g. for children, the limitation period does not start until the child reaches the age of 18.
Early Action
Contact your solicitor at an early stage if you decide to sue for personal injuries arising from a bicycle accident.