CYCLING ACCIDENTS

In a report by the Royal Society for the Prevention of Accidents (RoSPA), over 15,000 cyclists are injured every year on our roads and this figure represents only reported accidents. It is estimated that between 60% and 90% of cycling injuries are not reported especially if the cyclist is a child and it is a 'bicycle only' accident.

A more recent article in the Evening Standard reports the number of cyclists injured in England has increased by almost a quarter over the past 5 years and over 13,000 cyclists were admitted to English hospitals in 2006-7. Of these, over 9,000 were injured in incidents involving no other vehicle.

If the RoSPA estimate of injuries that are not reported is applied to the 2006-7 figures, the total number of cycling injuries in England could be in the region of 32,500 to a staggering 130,000 with the number that are 'bicycle only' accidents being between 22,500 and 90,000.

Whilst these figures may appear high, to put them into some form of perspective, over 102,000 bicycles were reported as stolen in England for the same year i.e. 2006-7.

Why are there so many bicycle accidents and injuries especially in situations when only the rider and their bicycle are involved?

Is it possible that in every case the rider had a momentary loss of concentration, was going too fast, did not see an obstruction in their way or simply lost control? Whilst these and many more reasons may account for a large proportion of these accidents, it is also probable that many of them had nothing whatsoever to do with the rider but were the fault of the actual bicycle.

It is an unfortunate fact that anything that is manufactured may have some form of defect or problem that could cause premature failure. If everything was perfect there would be no need for the importer, manufacturer or retailer to warrant their product and the words that adorn virtually every guarantee i.e. 'manufacturing or material defects' would be obsolete.

From experience gained through over 20 years in the bicycle industry there are many reasons why a cycle can suddenly and unexpectedly become unstable, abruptly stop, fail to stop, shimmy or shed its rider when being ridden. However, all too often it is the rider, the weather conditions or the terrain that gets blamed for the accident rather than a problem with the bicycle.

LIABILITY CLAIMS

To some people the word compensation conjures up the idea of 'something for nothing'. Its actual meaning is 'the act or process of making amends for something i.e. something given as reparation for loss, injury, etc.

Providing the injuries sustained by a cyclist are not too serious, more often than not the resulting claim will be settled long before it goes to court. The cost of solicitors and barristers usually mean the damages being claimed would be far less than the legal costs involved in taking a case 'all the way'.

For this reason, the liability insurer of the bike's manufacturer, importer or retailer will make the decision on whether to fight or settle the claim. Initially, and depending on their experts report on why the failure occurred together with their estimate of the claimant's damages, they may decide to settle on the best possible terms, refute liability but negotiate a settlement anyway or in a few cases fight the claim until it goes to court. However, it is always the insurers that make the final decision.

Some simple guidelines for any accident, no matter what the circumstances: