Whether it's through scenic coastal routes, mountain trails or city streets, cycling abroad is a fantastic way to explore new places. When you consider the health benefits, it's no surprise that cycling holidays are becoming increasingly popular - not to mention the allure of overseas events like L'Etape du Tour, La Marmotte and the Spring Classics.
Unfortunately, collisions can happen anywhere and the thought of being injured in a foreign country can be daunting. Here Josh Hughes, Partner and Taylor Walding, Solicitor in the Personal Injury Team at Bolt Burdon Kemp present some tips for what to do before a trip, and in the event of an accident while cycling abroad.
Before you go
Proper preparation can make avoiding such collisions, and dealing with them should they occur, much easier. Before setting off, you should ensure you have the appropriate travel insurance which extends cover for your planned activities and excursions. Serious injury can quickly result in extremely high medical fees being incurred and so having adequate cover will allow you to focus on your recovery.
It is also essential to research and familiarise yourself with the local traffic laws as these can vary widely between countries. Knowing whether helmets are mandatory, which side of the road to ride on and where to look for emerging traffic can help keep you safe and simplify legal matters should a collision occur. If intending to cycle on roads, you may also want to investigate road conditions and street lighting so you can prepare accordingly.
Of course, despite taking all possible precautions, you may still be the victim of a cycling collision that was not your fault. Should this happen, you may be entitled to claim compensation. These are the steps you may wish to take following a collision:
1. Seek medical attention
Your health should be your first priority following a collision. Even if you think your injuries are minor, it is important you seek medical attention to ensure you receive the treatment you need. Shock and adrenaline can mask pain, and you may be suffering from injuries which are not easily visible such as concussion or internal bleeding.
Where possible, retain copies of any medical records relating to your treatment as they could provide crucial evidence when making a claim.
2. Report the accident
If you have been involved in a cycling accident it is important you report it to the local authorities. This may even be a legal requirement depending on where you visit. Reporting the collision will not only create an official record of the incident but it may assist in determining who was at fault. A police report can serve as vital evidence for any personal injury claim which may follow.
If there is a language barrier, it may be possible to ask for a translation of any key details to ensure you are understood. In some countries, police reports are not immediately available so it is important to make a note of any reference numbers or contact details from the outset.
3. Gather evidence
If you choose to bring a claim for your injuries, the onus will lay with you to prove your claim. Whilst in France, for example, traffic laws are very 'claimant friendly', this isn't the case universally. Therefore, it is important you gather as much evidence as possible.
You should take clear photographs of the collision scene including the licence plate of the vehicle responsible for the incident. Where possible, try to take photographs before any vehicles are moved to document their position on the road.
If there were witnesses, record their contact details so your solicitor can take a statement from them. Making a note of the weather conditions, road signs, and other relevant factors can also provide useful context when making a claim.
4. Document your injuries and details of any financial loss
You should document your injuries and their progression over time. You can do this by taking photographs of any visible injuries and recording any treatment you receive.
If you have incurred financial losses as a result of the collision, make a note of these and, where possible, keep receipts as evidence. You may be able to claim these back either from your insurance or as part of your claim.
5. Notify your travel insurance and seek legal representation
Most travel insurance policies require prompt notification of collisions to cover medical expenses and other related costs. Delays in reporting the incident may affect your cover. It is therefore essential to notify your insurer of the collision at the earliest opportunity.
You may also wish to seek legal advice from a personal injury solicitor who specialises in cross border litigation to determine whether you have a claim for compensation.
Final thoughts
Being injured while cycling abroad can be stressful, but taking the right steps can help protect both your health and legal rights. Seeking medical treatment, reporting the incident, collecting evidence, notifying insurers, and obtaining legal advice are all crucial actions that can make a difference in the outcome of your recovery and any potential claim.
Many countries, particularly those in Europe, have different time limits in which a claim must be brought. If this time limit is missed, you may lose your right to claim for compensation. Speaking to a personal injury solicitor with experience in international cases can provide clarity on your legal options and ensure that any claim is brought within the correct time period.
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