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Guide · Serious injury
Brain Injury Claims After a Cycling Accident
If you suffered a brain injury in a cycling accident that was someone else's fault, such as a driver who pulled out or a council that didn't repair a pothole, you may be able to claim compensation. Brain injuries can have lasting effects even when they seem mild at first, so get medical help and advice early. You can still claim if you weren't wearing a helmet. You usually have 3 years to start a claim.
Cyclists have little protection in a collision, and head injuries are among the most serious they suffer. This guide explains how brain injuries happen, the signs to look out for, who can be responsible and how a claim can help with rehabilitation, care and lost income.
- Cyclists killed in 2025
- 79
- Source
- Department for Transport, reported road casualties
- Moderate to severe brain injury
- £56,900 – £533,700+ for pain and suffering alone
- Time limit
- Usually 3 years, with exceptions for children and lack of capacity
What is a traumatic brain injury?
A traumatic brain injury is damage to the brain caused by a blow, jolt or impact to the head. When a cyclist's head hits the road or a vehicle, the brain can move violently inside the skull, which can stretch and tear nerve fibres.
Further damage can develop in the hours and days after the accident, from bleeding inside the skull, swelling or a lack of oxygen. That's why any head injury should be checked by a doctor, even if you feel fine.
Signs of a brain injury
- A headache that won't go away
- Feeling or being sick
- Dizziness or problems with balance
- Confusion or memory problems
- Poor concentration and tiredness
- Changes in mood, behaviour or personality
- Sensitivity to light or noise
Some effects, especially changes in memory, concentration or mood, may only become clear weeks later, and family members often notice them first. If you have symptoms after a head injury, get medical advice. Call 999 or go to A&E if they're severe or getting worse.
Even a "mild" brain injury can last
Many people recover from concussion within a few weeks. But some have symptoms such as fatigue, poor concentration, headaches and low mood for months or longer, which can affect their work, relationships and daily life. A claim can cover these effects too, not just the most serious injuries.
Who could be responsible?
To claim, you usually need to show that someone owed you a duty of care, didn't take reasonable care, and that this caused your injury.
A driver
For example, by pulling out of a junction, passing too close, turning across your path or opening a car door without looking.
Another cyclist
If another cyclist rode carelessly and caused the collision.
The council
If a pothole or other road defect caused your accident, the council responsible for the road may be liable for not maintaining it, under the Highways Act 1980.
An uninsured or hit-and-run driver
You may still be able to claim through the Motor Insurers' Bureau. Report the accident to the police as soon as you can.
In our £17,500 cyclist case, a driver pulled out of a car park in front of our client during a charity ride, causing injuries including head injuries.
What if I wasn't wearing a helmet?
There's no law requiring cyclists in the UK to wear a helmet, although the Highway Code advises it. Not wearing one doesn't stop you claiming.
The other side may argue that your compensation should be reduced. To do that, they usually need to show that a helmet would have prevented your head injury or made it less serious. That depends on how the accident happened and on the medical evidence, so we'll look at it carefully with you.
How much compensation could I get?
For pain, suffering and loss of amenity, the guidance used by the courts in England and Wales gives an indicative range of £56,900 to £533,700 or more for moderate to severe brain injuries that affect memory, concentration, personality or independence. Less severe brain injuries and concussion are valued lower.
Financial losses are added on top, such as lost earnings, care, rehabilitation and specialist accommodation, and in serious cases they're usually the largest part of the claim. Figures are based on the Judicial College Guidelines (18th edition, April 2026). Every claim is different, and past results don't guarantee future outcomes. See how compensation is calculated.
How a claim can help
A brain injury claim is about getting the right support as early as possible, as well as compensation.
Early rehabilitation
We can ask the other side's insurer to fund specialist brain injury rehabilitation early, under the Rehabilitation Code, while your claim goes on.
A case manager
In serious cases, a case manager assesses your needs and arranges therapy, support and equipment, and helps your family too.
Interim payments
Where the other side accepts fault, payments before your claim settles can cover care, treatment and lost income.
Care and support
Paid care, and the value of care given by family and friends, even if they weren't paid.
Lost earnings
Income you've lost, and future earnings if you can't go back to the same work or need to work less.
Your home
Adaptations to your home, or specialist accommodation in the most serious cases.
Find out more about getting early rehabilitation.
How we build a brain injury claim
- Your medical recordsHospital, GP and therapy records show what happened to you and how you've been affected.
- Evidence from the accidentPolice reports, witness statements, photos, CCTV, and dashcam or helmet camera footage can show how the accident happened.
- Expert evidenceSpecialists such as neurologists and neuropsychologists assess your injury, how it affects you and how it's likely to affect you in future.
- Your future needsCare, rehabilitation, work and accommodation needs are assessed so your compensation covers the long term, not just the costs so far.
Brain injury claims usually take longer than other claims, because doctors need time to see how you recover before your future needs can be valued. Interim payments and early rehabilitation mean you don't have to wait for help.
If you can't manage the claim yourself
If a brain injury means someone can't make decisions about their claim, a family member can usually bring it for them as their litigation friend. Larger amounts of compensation for someone who lacks mental capacity may be managed through the Court of Protection, usually by a professional or family deputy.
You usually have 3 years from the accident to start court proceedings. If the injured person lacked mental capacity from the time of the accident, the time limit doesn't run until they regain it, and children have until their 21st birthday. See how long do I have to claim?
Cycling brain injury claims: FAQs
Can I claim for a brain injury after a cycling accident?
Yes, you may be able to, if someone else was at fault, such as a driver, another cyclist or the council responsible for the road. You can claim for the injury itself and for its effects on your life, including lost earnings, care and rehabilitation.
What if I wasn't wearing a helmet?
You may still be able to claim. Not wearing a helmet doesn't stop you claiming, though in some cases it can reduce compensation for a head injury if the other side shows a helmet would have prevented it or made it less serious. We'll explain how this applies to you.
What if the driver didn't stop or wasn't insured?
You may still be able to claim through the Motor Insurers' Bureau, which compensates people injured by uninsured and untraced drivers. Report the accident to the police as soon as you can, and keep a note of any details you remember.
Can I claim if a pothole caused my accident?
You may be able to claim against the council responsible for the road if it didn't take reasonable care to maintain it. Councils can defend a claim by showing they had a reasonable system for inspecting and repairing roads, so photos and measurements of the pothole, taken as soon as possible, are important.
Can a family member make the claim for me?
Yes. If a brain injury means you can't make decisions about your claim, a family member can usually bring it for you as your litigation friend. The value of care given by family members can also be included in the claim.
How long do I have to make a claim?
You usually have 3 years from the date of the accident to start court proceedings. If the injured person lacked mental capacity from the time of the accident, the time limit doesn't run until they regain it, and children have until their 21st birthday. See how long do I have to claim?
Hurt in a cycling accident?
Talk to our serious injury team for free, with no obligation. We'll explain whether you have a claim and how we can help you, and your family, get rehabilitation and financial support early. Eligible claims are handled on a No Win No Fee basis.