As seasoned cyclists you understand that every ride is an adventure. From the pride you feel when conquering steep climbs to the stories you share with friends over a post-ride beer, cycling offers a sense of freedom. However, even the most skilled riders are not immune to accidents – especially off the bike such as when you take that well deserved break at your regular café stop.
Rest-stops, risks and your rights
For a lot of riders, one of the highlights of a cycling journey is undoubtedly the café stop. Whether it’s for a shot of espresso to boost your energy or a much deserved wedge of cake to fuel your return home.
But would you know what to do if you suffered an injury inside the café on a loose floor tile? Or tumbled over tables and chairs in the outside seating area?
These scenarios can happen, so it’s vital you’re aware of your rights and options.
It’s understandable that some people may be hesitant to file a claim. After all, it’s likely you’ve built up a rapport with the owners who know your order like the back of their hand and will greet you with a friendly “The usual?” when you arrive.
However, one thing we’d like to make clear is that any compensation claim does not directly impact the café owner’s finances.
Most café’s, like other businesses, have specific insurance in place for the sole reason of dealing with people who are injured on their premises. These policies are designed for situations where a customer suffers harm due to the negligence of the occupier (in this case, the café owner) and it’s this insurance that will pay out if your claim is successful.
So, by making a claim you’re not recovering damages from the café, you’re recovering damages from the café’s insurer (which is exactly what their insurance is there for).
Making a claim might even prompt the café to address any safety hazards that contributed to your injury which ultimately makes the environment safer for everyone.
Post-ride libations and the law
We all know that alcohol can impair balance, reaction and judgement but after a long ride many cyclists look forward to unwinding with a post-cycle beverage.
However, it’s important to understand the law surrounding consuming alcohol and getting back on the saddle.
There is no law in Britain that specifies exactly how much alcohol is permissible for a cyclist but it is ultimately illegal to cycle under the influence and to ride dangerously, carelessly or inconsiderately.
Section 30 of the Road Traffic Act 1988 states “A person who, when riding a cycle on a road or other public place, is unfit to ride through drink or drugs (that is to say, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle) is guilty of an offence.”
The punishment for the offence would most likely be a fine, however if police felt the cyclist was a danger to themself and/or others they might arrest them or the cyclist would be cautioned or face a fine.
It is important to note that if alcohol causes a cyclist to ride in a dangerous fashion in terms of Section 28 of the Road Traffic Act 1988, the cyclist could be charged with ‘furious cycling’ which could lead to imprisonment.
Alternatives to drinking and cycling
If you do plan to indulge, consider alternative transport options for getting home safely, or even opt for an alcohol-free alternative.
By making these responsible choices, you can enjoy your day out – the ride, the café stop in the middle and your beer at the end – without compromising the safety of yourself and others.
We’re here to help
At Digby Brown, we have decades of experience – and a proven track record – of helping people who were injured when it wasn’t their fault. Our job is to help cyclists recover physically, financially and emotionally with the aim of getting you back to doing what you love.
Diane Cooper, Partner