What Happens If The Police Don't Prosecute After A Cycling Accident?

After a serious cycling accident, many cyclists assume that if the police decide not to prosecute the driver, they have no chance of making a compensation claim.

In reality, that's not how the law works.

A police investigation and a cycling injury claim are two completely different processes. It is entirely possible for a driver to avoid prosecution yet still be found responsible for a cyclist's injuries in a civil claim.

At Cycle Legal, we've successfully represented cyclists in exactly these circumstances.

Why Might The Police Decide Not To Prosecute?

There are many reasons why a prosecution may not go ahead.

The police may feel there is insufficient evidence to meet the criminal standard of proof. There may be no independent witnesses, limited CCTV footage, conflicting accounts of what happened, or other evidential difficulties.

Importantly, this does not automatically mean the driver was not at fault.

It simply means the police do not believe there is enough evidence to secure a criminal conviction.

Criminal Cases And Civil Claims Use Different Standards

One of the biggest misconceptions we encounter is that a failed prosecution means a compensation claim will also fail.

This is incorrect.

In a criminal case, the prosecution must prove guilt "beyond reasonable doubt." This is a very high legal threshold.

In a civil compensation claim, the court applies a different test known as "the balance of probabilities."

In simple terms, the court asks:

Is it more likely than not that the driver caused the collision?

This lower burden of proof means a cyclist may still have a strong claim even where no prosecution takes place.

A Real Example From One Of Our Cases

We represented a cyclist who was seriously injured after being dragged beneath an HGV while riding along London's Cycle Superhighway 7.

She suffered significant lower leg injuries requiring skin graft surgery and a lengthy recovery.

Despite the seriousness of the collision, the police decided not to prosecute the HGV driver because there were no independent witnesses.

The driver's insurer then used this decision to deny liability and argued that the cyclist had somehow lost control of her bike and caused the collision herself.

Rather than accepting this version of events, we carried out our own investigation.

We visited the accident scene, gathered evidence and instructed a range of medical experts to fully assess the impact of the injuries.

Eventually, after High Court proceedings had been issued and witness evidence exchanged, the insurer admitted liability.

The claim later settled for £150,000.

Had the cyclist assumed the police decision meant she had no case, she may never have pursued the claim at all.

What Evidence Can Help A Cycling Claim?

Even where there is no prosecution, a claim can often be supported by:

• CCTV footage

• Helmet camera footage

• Witness evidence

• Police reports

• Photographs of the scene

• Vehicle damage

• Medical records

• Expert reconstruction evidence

• Specialist legal investigations

A good cycling solicitor will look at the entire picture rather than relying solely on the outcome of a police investigation.

Don't Assume You Don't Have A Claim

If you've been injured in a cycling accident, the police's decision not to prosecute should not discourage you from seeking legal advice.

Many successful cycling claims begin with disputed liability, limited evidence, or a decision not to bring criminal charges.

The key question is not whether a prosecution took place.

The key question is whether the available evidence shows that somebody else's negligence caused your injuries.

If you're unsure where you stand after a cycling accident, speaking to a specialist cycling solicitor can help you understand your options and whether you may still be entitled to compensation.