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Published: 01 November 2018
Author: Dan McGlade
Cyclists injured as a result of a transport accident are covered under the TAC scheme and they have the same entitlements to compensation as a driver of a vehicle or a passenger in a vehicle. But the law surrounding the entitlement of cyclists in transport accidents has been problematic over the years.
The Transport Accident Act - or the TAC scheme if you like - was set up to compensate people who were injured directly as a result of driving a vehicle, which covers motor vehicles, trams, buses, and trains.
For some years now, the TAC scheme has provided that a cyclist who is injured as a result of colliding with an open or opening door of a parked or stationary vehicle is entitled to the same compensation as the cyclist who is hit by a car.
Recent amendments to the scheme ensure that a cyclist injured in a collision with a stationary vehicle on or after 9 June 2014 will have the same rights to compensation. This has covered what was very much a black hole in the compensation scheme in relation to cyclists who may have been injured.
Further to that, a cyclist may be entitled to compensation from the TAC where they've been injured as a result of an accident that hasn't actually involved them specifically colliding with a vehicle but has been caused or arisen from the driving of a vehicle.
You might be able to think of a situation where a cyclist has to take evasive action because of a driver in a car suddenly changing lanes and the cyclist has to swerve to miss that car, hits the gutter and goes over the handlebars and is injured.
That situation is recognised by the TAC as an incident arising directly from the driving of a motor vehicle and the cyclist will be entitled to compensation for their injuries.
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