Cyclist Accident Claims in Ireland
Cyclist accident claims require a fact-specific review of the collision, liability, medical evidence, insurance and supported financial losses. A cyclist may be injured in a collision with a vehicle, by an opening vehicle door, at a junction or in another road incident. No result can be predicted without reviewing the evidence.
How liability is assessed
The Road Safety Authority describes cyclists as vulnerable road users, but that does not by itself determine civil liability. Liability depends on the facts and evidence relating to the particular collision.
Relevant matters may include observation, speed, passing distance, road position, traffic signals, turning or junction movements, an opening vehicle door, the road layout and the conduct of each road user.
A cyclist’s actions may also be considered. If contributory negligence is established, compensation may be reduced to reflect the cyclist’s share of responsibility. It does not necessarily defeat the claim completely.
What to do after a cyclist collision
Safety and medical needs come first. If anyone is injured or requires urgent assistance, contact the emergency services on 999 or 112.
If a person is injured and no Garda attends the scene, An Garda Síochána states that the collision must be reported to the nearest Garda station.
Where it is safe and possible, useful evidence may include:
- The driver’s, vehicle owner’s, registration and insurance details.
- Photographs of the vehicles, bicycle, road layout, cycle lane, junction, signals and visible damage.
- Witness names and contact details.
- Dashcam, mobile-phone, helmet-camera or nearby CCTV footage.
- The damaged bicycle, helmet, clothing and accessories.
- Route or activity data where it accurately records the journey.
- The Garda station, reporting details and incident reference.
A person should not delay necessary medical attention in order to collect evidence. If the cyclist cannot gather information because of an injury, another person or witness may be able to assist.
Medical evidence and causation
Medical attention should be obtained according to the person’s symptoms and health. Medical records can document the injury, reported symptoms, treatment and recovery.
A claim also requires evidence connecting the injury to the collision. The medical history, timing of symptoms, any previous condition and subsequent treatment may therefore be relevant. A previous injury or condition does not automatically prevent a claim, but its significance requires individual medical and legal assessment.
A medical report is ordinarily required when making an application to the Injuries Resolution Board.
Common collision circumstances
Cyclist injuries can arise in different circumstances, including:
- A vehicle turning across a cyclist’s path.
- A collision at a junction or roundabout.
- A vehicle passing or overtaking a cyclist.
- A vehicle door being opened into the cyclist’s path.
- A rear or side impact.
- A collision involving a cycle lane or road-layout issue.
The occurrence of one of these circumstances does not by itself establish negligence. The available evidence must be considered.
Uninsured or unidentified drivers
Where the vehicle involved was uninsured or cannot be identified, MIBI may have a role under the applicable MIBI Agreement. Prompt Garda reporting, MIBI notification and preservation of vehicle, witness and footage evidence can be particularly important.
See our guidance on uninsured and unidentified driver claims.
Bicycle damage and other financial losses
General damages concern pain, suffering and the effect of an injury. Special damages concern supported financial losses and out-of-pocket expenses.
Depending on the case, relevant documents may include bicycle repair estimates, evidence of the bicycle’s condition and value, replacement receipts, medical and treatment expenses, travel expenses, payslips and evidence of lost earnings.
Repair or replacement costs are not automatically recoverable in full. Liability, proof of loss, the condition and value of the bicycle and any applicable insurance or MIBI rules must be considered.
The Injuries Resolution Board process
Personal injury claims must generally first be submitted to the Injuries Resolution Board unless the matter has already been resolved directly with the other party or insurer.
A completed application ordinarily includes an application form, the applicable processing fee and a completed medical report from a treating doctor. The accident and proposed respondent must also be identified.
Depending on the case and the parties’ participation, the Board may offer mediation or assess compensation. Where the matter is not resolved through the Board, an authorisation may issue permitting court proceedings to be commenced.
Time limits
Strict time limits apply. In many adult personal injury claims, the general limitation period is two years from the date on which the cause of action accrued or the date of knowledge, if later. The calculation may be affected by an Injuries Resolution Board application and other exceptions, so case-specific advice should be obtained without delay.
Legal costs and communication
Legal costs for an individual matter are explained in writing, including the basis of professional fees, VAT and any anticipated outlays. We explain the process in plain language and provide updates as the matter progresses.
Related information
- Road traffic accident claims in Ireland
- Uninsured and unidentified driver claims
- Whiplash injury claims
Official information
- An Garda Síochána — road traffic collision guidance
- Road Safety Authority — cyclist safety
- Road Safety Authority — Rules of the Road
- Injuries Resolution Board — how to make a claim
- MIBI — making a claim
- Law Reform Commission — revised personal-injury limitation provision
- Irish Statute Book — Personal Injuries Assessment Board (Amendment) Act 2019, section 7
- Law Reform Commission — contributory negligence, Civil Liability Act 1961, section 34
- Judicial Council — Personal Injuries Guidelines
This page provides general information and is not a substitute for legal advice concerning a particular case. No solicitor-and-client relationship arises until Lalloo Solicitors confirms its appointment in writing.