Personal Injury

UK’s First Electric Bike Proficiency Scheme

We all know it can be daunting cycling through busy streets, especially in city centres. We see cases of people getting knocked off their bikes all too often and the injuries can be severe in some cases.

This is even more common in places like London where it can be a nightmare to drive around needing to pay multiple tolls and download 20 different apps for parking so cycling is becoming more and more attractive. Well, the UK is aware of this and have recruited the Netherland-based bike subscription firm Swapfiets to help, who are providing a free one-day course for an electric bike proficiency scheme which will be ran by cycling safety pros.

It will mask the form of a CBT course for motorcycling and has appropriately taken on the name CeBT (city e-Bike training course).

It is estimated that 67% of people do not feel comfortable riding in city centres due to fear of being hit by cars, becoming the victim of road rage and/or getting lost. However, 2,000 people have been surveyed and they found that at least one third of them wish to cycle more.

This course could help you do so. It will help you learn basic cycling safety i.e., signalling, emergency stops in closed areas etc. It also covers multiple areas of confidence, if you haven’t ridden since you were a child you can start at beginner and work your way up to intermediate which includes roundabouts and multi-lane roads.

The trial starts on 29th April from 11am-3pm and is being trialled in Shoreditch, with hopes that it is successful and possibilities of it branching out.

What makes it even better, is its free! Also, all participants will receive a one-month subscription for a Swapfiets Power 1 free of charge.

If you wish to learn more, I have included the link to obtain the free tickets below.

Swapfiets London Cycling School Tickets, Sat 29 Apr 2023 at 11:00 | Eventbrite

Sign up and take your first step to the tour de France!

Bike Crash : The First Things to Do After a Collision

Over 16,000 cyclists were injured on the roads in 2021, and those are just the incidents that are reported to the Police.

 

Being involved in a cycling crash is a shock. Your bike may be mangled, your possessions scattered and you will probably hurt somewhere. However, if you can remember to do a few key things straight away, it will make life a lot easier in the days and weeks ahead.

 

Here’s our quick guide of what you should do if you are involved in a collision:

 

  1. ARE YOU SAFE?

When you are knocked off your bike, your first priority must be to get to a position of safety.  If you are too badly injured to remove yourself from arm, attract attention to yourself by waving, shouting and whistling.

If you assist a cyclist who has been knocked off their bike, help them to get to a safe spot, unless you suspect a neck or head injury.

If there is a serious injury call 999 for an ambulance.

 

2. SHARING DETAILS & WITNESS INFORMATION

It is a legal requirement for those involved in a collision to supply their details.  Make sure you make a note of the make, model and colour of any vehicles involved.

You should also try and get the details of any independent witnesses.  If you are injured, ask someone else to get their details.

 

3. EVIDENCE

If you have a camera, take as many photographs as you can.  This should include licence plates and drivers, as well as the location of the accident (parked cars, line markings etc).

 

4. MEDICAL ADVICE

Don’t ignore your injuries – seek medical attention as soon as possible to rule out any more significant underlying issues.

 

5. YOUR BROKEN BIKE

Make sure you get good photos of your bike.  Even if your own insurance company repairs or replaces your bike, this can be claimed back from a negligent driver.  We also have our own in-house bicycle engineer, Dan, who will do his best to get you back on your bike as quickly as possible.

 

6. LEGAL HELP

We are highly regarded specialist cycling solicitors and have helped hundreds of clients to bring claims for compensation for injuries, bike repairs and other damaged items such as helmets, phones and clothing (TAKE PHOTOS!!).  We are able to assist even if the third party driver has fled the scene or is not insured.

For further information, click through to the Two Wheel Claims website or call on 0161 348 7586.

Knocked off your bike? What should you do?

We have a huge amount of experience in dealing with personal injury claims, particularly bike accidents.

These steps should be taken if you have been in an accident

  1. Try to get as much detail from the driver offending vehicle such as their name, address, insurance details, registration number and make and colour of the car and a description of the person. If the driver doesn’t stop, try to take down as much about the vehicle and the driver as you are able to.
  2. Try to get pictures of the other vehicle and take pictures of the damage to your own bike. Take photos of anything that has been damaged, along with any photos of injuries you have sustained and the accident scene showing the position of the vehicles.
  3. Get contact details of any witnesses. If you were cycling in a group this will be easy but if not try other road users, pedestrians, or anybody about really.
  4. Contact the police within 48 hours to report the incident and keep the reference number handy.
  5. Keep as much evidence as possible – all of the above steps and then keep damaged items such as clothing and helmet.
  6. Contact TWC – we will get a bike mechanic out to price or repairs or replacement bike and they will then product a report. There is a time limit of 3 years to make a claim, but we recommend contacting us as soon as possible. If you have not been able to gather all the evidence mentioned above, don’t worry we can still assist. We work on a no win no fee basis, so you have nothing to lose.

Review of new portal for car accident claims by Jack Wright

Since May of 2021, there have been changes in the way a standard road traffic accident claim is pursued. Initially, no matter the worth of the claim, you would proceed through the MOJ portal. However, since May 2021, if a claim is worth less than £5,000 it will proceed through what is now the Official Injury Claims portal.

I have been using this since the new changes were brought in. I have found it much more streamlined and easier to contact the insurers on the other side, since you can send messages and documents all in one place. Since everything is stored on one portal, a lot of time is saved. Yes, the claim itself may take longer but, when it comes to Client time, it is very efficient.

I am well used to this new system now and have assisted numerous clients through the process. We are still able to act on a no win no fee basis for clients who are in car accident claims despite a lot of law firms now refusing to act for clients.

Pedestrians and Cyclists to be given greater priority on the road: Important Changes to the Highway Code in 2022.

The Highway Code will be updated by the end of January – and here are some of the important changes you should be aware of:

A new “hierarchy” model will be implemented that gives clearer guidance on which type of road user has priority over the other. The model is presented in the following order:

  1. Pedestrians
  2. Cyclists
  3. Horse Riders
  4. Motorcyclists
  5. Cars/taxis
  6. Vans/Mini Buses
  7. Large vehicles

 

One could suggest that the new model aims to provide pedestrians and smaller vehicles more priority over larger vehicles.

For example, a car user will need to be more vigilant of pedestrians, cyclists, horse riders and motorcyclists, whereas horse rider would need to be more vigilant of cyclists and pedestrians.

The changes will also mean that drivers will be expected to use the “Dutch reach” method, requiring a driver to look over their shoulder before opening a vehicle door to reduce the chances of hitting a passing cyclist.

Drivers will also need to leave a space of 1.5 meters when overtaking cyclists at a speed of up to 30mph, and more distance at higher speeds. This gives more clarity to the Highway Code which does not currently specify what the distance should be.

We will also see stricter rules on the use of mobile phones meaning it will be an offence to take photos and videos, select a song on a playlist, or play games on a phone while the vehicle is stationary. Violation of these rules could result in an offender receiving a £200 fixed penalty and 6 points on their licence.

Mud on the Road

As the weather starts to improve and the daylight hours lengthen, we will all be getting back on our bikes and heading out to the countryside for some fresh air and open roads.

 

One hazard peculiar to cyclists is debris on the road.  On country lanes, this is usually in the form of mud (or manure!) that has been deposited on to the road by the flotsam of farm machinery, or the jetsam of animals moving from one field to another.

 

Coming across these unexpected lumps can cause cyclists to skid, be dismounted and suffer from nasty injuries and cycle damage.  This is even more so when riding at speed on open lanes.

 

In these circumstances, it is possible to bring a claim for personal injury.   They can be difficult claims to bring, but the basics of all road traffic accidents remains the same as you would need to establish:

 

  • that, as road user, you were owed a duty of care;
  • that by failing to clean up the mess, that duty had been breached;
  • that the breach caused you loss (e.g. injury, and/or damage to your vehicle); and
  • that the loss caused was not too remote.

 

There is no legal requirement for animal owners to clean up their animals’ mess, other than dog owners.  However section 161 of the Highways Act 1980, makes it an offence to deposit anything whatsoever on a highway which may injure or endanger other road users.

 

If you know who has put material on the highway which is likely to cause a danger to other road users, then they are liable and you potentially have a claim against them.

 

These are not easy claims to win, but they certainly aren’t impossible with an experienced legal team!

What should I do after an accident at work?

Having an accident through no fault of your own can be a traumatic experience, often made worse by it happening in the workplace. Your employer has a legal obligation to ensure the safety of all employees and if they have breached this duty of care then you are eligible to claim for compensation and any loss of earnings you have incurred due to this accident.

 

What steps do I need to take after an accident? 

Record it as soon as possible

If you have had an accident while in the workplace which was caused by faulty equipment, fault of a co-worker or even hazardous conditions then the first thing you need to do is to record the details in your employer’s accident book. It is important to do so at the earliest opportunity as this serves as initial proof of the accident. A colleague is able to do this on your behalf, should you be too injured to do it yourself. If, for any reason, there isn’t an accident book you (or a colleague) should put the details in writing and send them to your employer as soon as possible. 

Take photographs

It is also important to take photographs to help substantiate your claim. This could be of the accident location, the faulty equipment or just of the circumstances surrounding your accident. It will provide compelling visual evidence and will protect against any dishonesty from your employer attempting to fix an accident location. Take as many photographs as possible – you can never have too much evidence! 

Any witnesses?

Next, gather details of any co-workers who may be a witness to the accident because they will be important as your claim progresses. Ideally, they will have seen the accident first-hand but if that isn’t possible, perhaps they noticed something amiss before the incident took place and dismissed the concern or they can corroborate your account of faulty equipment. You and any witnesses have the right to report any accident without fear of reprisal from your employer, so any interviews will be conducted by an independent party.

 

What am I entitled to?

As an employee, you are entitled to statutory sick pay, but always check your contract of employment because it may be the case that your employer is liable to give you additional sick pay following an accident. Additionally, depending on the severity of your injuries, you could claim benefits.

Employers, by law, have insurance policies in place which protect them from paying any compensation out directly, so you don’t need to feel bad if you thought it would come out of their own pocket. Its nothing personal against your employer and should be treated objectively.

 

McHale & Co are an accredited APIL (Association of Personal Injury Lawyers) Practice. If you have been in an accident and would like to get in touch with our Personal Injury experts, who can advise you about your claim, call 0161 928 3848 or email mch@mchaleandco.co.uk

Brexit: What does it mean for personal injury claims?

With Brexit currently looming large over the UK, we have sat down with McHale & Co’s personal injury experts to discuss the impact of leaving The EU will have on the industry, in particular being involved in an accident on the continent.

The current position: Personal Injury claimants in the UK have been protected in law by legislation that originated in Europe.  These laws include a myriad of safety at work regulations, including manual handling and control of asbestos, as well as consumer protection laws.

Post-Brexit: These laws will remain in place, unless the government wishes to amend or appeal them.  If the EU introduces new laws, the UK would have a choice on whether to adopt similar legislation.

 

What if I am injured abroad?

The current position: If you are involved in an accident whilst in Europe, liability is determined according to the health and safety standards of the country in which the accident took place.  A claimant can bring a claim when they return to the UK as any judgment obtained here can be enforced in the EU country where the accident happened.

If you are involved in a road traffic accident, you can submit details of your claim to the UK agent of the foreign insurer.

Post-Brexit: The Motor Insurance Directives and European Court of Justice that have administered the above processes will no longer apply, which would have the effect of making it difficult for UK claimants to make claims for compensation arising from accidents abroad.  The situation is uncertain and there have been calls for the government to take steps to maintain the status quo.

The government is advising those wishing to drive in Europe to ask their insurers for a green card or, alternatively, apply for an international driving permit (which is available from the Post Office).

 

McHale & Co are an accredited APIL (Association of Personal Injury Lawyers) Practice. If you have been in an accident and would like to get in touch with our Personal Injury experts, who can advise you about your claim, call 0161 928 3848 or email mch@mchaleandco.co.uk

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