Can a Cyclist Make a PI Claim After Swerving to Avoid a Crash?

Most regular cyclists who use public roads are aware of just how vulnerable they are if hit by a motorized vehicle. Cyclists tend to be very aware of other vehicles around them and will try and avoid a potential collision if they see one. That might mean swerving to avoid a crash if necessary.

The circumstances can be quite varied and there may be a possibility for the cyclist to pursue a personal injury claim if they are injured as a result of swerving, especially if they fall off their bikes, are hit by a vehicle or are forced into a hard surface on the side of the road.

Scenarios That Cause Cyclists to Swerve to Avoid a Crash

There are many reasons why a cyclist would attempt to avoid a crash. Despite many positive moves to improve cycling infrastructure, the reality for many cyclists is that they have to share the roads with faster, larger and heavier vehicles.

Not every driver appreciates cyclists and may not be patient when passing. Some drivers just don’t seem to be able to spot a cyclist on the road. Others are plain aggressive and may even try and intimidate a cyclist. The four main reasons for swerving are:

  • Avoiding a driver who passes too close;
  • Avoiding an aggressive or intimidating driver;
  • Avoiding a driver who fails to see the cyclist;
  • Avoiding someone parked on the side of the road and opens their car door in front of the cyclist.

Injuries Caused From Swerving to Avoid a Crash

Cyclists are particularly vulnerable to injuries when they are forced to swerve to avoid a crash. They may be forced into a stream of traffic, or right off the road into a wall, a fence or barrier.

Cyclist injuries usually happen because the cyclist falls off the bicycle and hits the ground hard. Broken bones, dislocated joints, lacerations, bruising, head and face injuries as well as potentially severe brain and spinal injuries are typical cyclist accident injuries.

Can a Cyclist Make a PI Claim After Swerving to Avoid a Crash?

Obtaining Compensation After Being Injured After Swerving to Avoid a Crash

If you have been forced to swerve to avoid a crash and have been injured you may be able to obtain compensation, but you will need to know who caused you to swerve. This may be difficult as there may be more than one other driver involved.

Personal injury claims are dependent on proving that a negligent action has resulted in an injury. In a cyclist accident, the primary evidence of negligence is likely to be from eye witnesses and a police report.

It is important to try and get corroborating statements or at least contact details from eyewitnesses who can comment on the events that led to the accident. It is also important to obtain a copy of the police report made at the scene of the accident.

How a Lawyer Can Help With a PI Claim

Obtaining compensation after an accident of this type is complicated by the difficulty in proving who was at fault. An attorney can help with identifying the at-fault party and suggesting what documentation should be submitted with a claim. Complete the Free Cases Evaluation on this page to consult with a lawyer today!

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