Can I claim compensation for being knocked down off bicycle if the accident happened at dusk and I was not wearing hi-visibility protection?
Provided that you sustained an injury in the accident that warranted medical attention, and that the accident was primarily the fault of a third party who owed you a duty of care, you should be able to claim compensation for being knocked down off bicycle. However, because you were not wearing hi-visibility equipment at the time of the accident when perhaps it would usually have been advisable for you to have done so, the principle of contributory negligence may come into play.
Even if the driver of the vehicle that knocked you down was largely responsible for the bicycle accident injuries you sustained, there is the possibility that the final settlement of knocked from bicycle compensation may be reduced to reflect your own lack of care. Cyclists are vulnerable road users who should expect a degree of care given to them by other road users; however, it is also up to the cyclist to take all necessary precautions to protect themselves from danger and prepare themselves for all possible scenarios. The fact that you had not being wearing protective equipment may put the possibility of claiming the full amount of compensation you are eligible for at risk.
The only way to know for sure how successful your claim may be and how likely it is that you will recover compensation for being knocked down off bicycle is to discuss the circumstances of the accident and your subsequent injuries with an experienced personal injury claims solicitor. Most solicitors offer a free initial consultation where they can weigh up your case in relation to other factors such as your age, state of health prior to the accident and the impact your bicycle accident injuries have had on your quality of life.
Even if contributory negligence is confirmed as an issue that may affect your ability to recover the full amount of knocked from bicycle compensation, your solicitor may still find that you have a viable claim that is worth pursuing.
Assuming that you sought medical attention for your injuries immediately after the accident, the doctor that examined you would have documented the details of your injuries in your medical records which could later serve as proof that your injuries were sustained. Upon meeting your solicitor you should provide them with a copy of this report and of the Gardai accident report you should have made.
Your solicitor will refer to this information and any other documents you may have relating to your claim such as receipts and invoices for financial expenses you wish to recover and the insurance details of the negligent driver when determining your claims viability. If it is decided that you have a claim that is worth pursuing, the assistance of a solicitor will likely prove invaluable for recovering the amount of compensation for being knocked down off bicycle that you rightfully deserve.