Over 20 billion dollars are spent on bike accident injuries and fatal crashes across the country annually. Every bicycle accident case is unique on many levels. Even if two people get injured at the same intersection hit by the same model and make of the vehicle, they will sustain different losses. It means that precise compensation for a bike crash depends on countless contributing factors.
To give you at least an idea of what the average bicycle accident settlement could look like, let’s review a few potential bike accident scenarios:
- Minor injuries: If a cyclist sustains a few bruises, minor fractures, and insignificant property damage, they can expect to claim between $1K and $10K in losses.
- Moderate injuries: Multiple broken bones and a mild concussion would require more extensive medical care and can go from $10K to $100K in compensation.
- Severe and catastrophic traumas: Extensive injuries with a long-term effect on the victim’s life will range from a few hundred thousand in a potential settlement to multimillion claims.
Key Factors that Can Affect the Bicycle Accident Settlement Amount
It takes an extensive and precise, not to mention professional, claim assessment to determine the case’s ultimate worth. Based on the underlying circumstances of the accident, degree of fault, and other related factors, an experienced attorney can calculate the final bicycle accident compensation. We’ll list the most common case variables below.
Severity of Sustained Injuries
This part is quite simple — the more serious the sustained traumas, the higher the compensation will be. Head traumas, back injuries, multiple fractures, and other conditions require proper medical attention, lengthy rehabilitation, and other medical costs for the person to heal and get back to their everyday life fully. It does not mean that you can’t claim rightful compensation for an emergency room visit because of minor cuts, scrapes, and bruises. You can, and you should, but the amount will be reduced.
Fault and Liability
Some bicycle accident cases are simpler since they have a single obvious at-fault party. However, in multiple instances, both involved parties contribute to the incident. If that is the case, the victim’s compensation amount will be decreased based on the percentage of their contributory fault.
For example, if a negligent driver was distracted while texting on their phone and a cyclist failed to stop at a sign, the latter may be assigned 20% of the fault. They will deduct the equivalent amount from their final bicycle accident settlement.
Non-Economic Damages
Some losses can’t be reflected in an exact monetary amount. However, with a reliable bike accident attorney by your side, you can recover such seemingly subjective damages as the following:
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Pain and suffering
Physical pain and discomfort arising from the inflicted condition can be assessed and projected through financial compensation.
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Emotional distress
Many bicycle accident victims deal with PTSD, depression, anxiety, and other mental conditions after an accident. The more serious the psychological toll, the higher the reimbursement will be.
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Loss of joy in life
On top of physical discomfort, various traumas that have a permanent effect may prevent people from participating in their favorite activities. Loss of enjoyment can also be added to an average settlement.
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Loss of consortium
A bicycle accident can have a direct negative impact on the cyclist’s personal relationship. A victim can get more irritable, shut down, or display other symptoms of emotional withdrawal that will affect their partner, and these losses must be accounted for.
Economic Damages
Economic damages stand for all the tangible losses a person can encounter as a result of a bicycle accident. For instance:
- Medical expenses: All the past, ongoing, and future medical bills qualify for a rightful bike accident settlement.
- Loss of income: Whether your current condition keeps you off work or affects your earning capability negatively, you can claim all the lost wages along with a palpable decrease in the earning potential.
- Property damage: Bike repairs, along with the complete replacement of any other damaged belongings of value, such as your phone, helmet, or other cycling gear, are to be included in a bike accident settlement.
Keep in mind that since these are quantifiable monetary expenses, you will need reliable proof in the form of receipts, medical records, and other bills to solidify your bicycle accident claim.
Expert Legal Representation
A professional bicycle accident lawyer who knows how to handle a personal injury claim can boost the amount of the final compensation significantly. They are well-versed in the complexities of the local legal system. Besides, legal assistants are well aware of the existing insurance policy limits and have extensive experience in settlement negotiations.
Well-versed bicycle accident attorneys will deflect lowball offers that an insurance company may throw at you and succeed with fair compensation instead. Moreover, these days, many law firms work on a contingency fee basis, meaning that you don’t have to pay for any legal services until you recover the damages you deserve in full.
Real-World Examples of Bicycle Accident Settlements
Very often, a bicycle accident victim has a vague understanding of whether they have a case worth the effort and fuss. To shine some more light on the topic, we’ll review a couple of real-life favorable settlement examples.
Example 1 — Case of Abigail Daugherty
A college student — Abigail Daugherty — was struck and fatally injured by a garbage truck while riding her bike on campus. A truck driver—Charles Danzy—was found 80% at fault for the bicycle accident. He didn’t signal the turn of the vehicle. The driver violated traffic rules by operating the vehicle negligently and failing to give the cyclist the right of way. The parents of the deceased were granted $12.5M each for the amount of mental pain and suffering they endured after losing their loved one.
Example 2 — Case of Karina Sanchez
A culinary student, Karina Sanches, sustained severe injuries while riding her bicycle on a sidewalk in Los Angeles County. An SUV vehicle was leaving the parking lot when it drove into the plaintiff. Both the claimant and the defendant were found negligent to an extent. The driver was found guilty by 80%, while the student was assigned 20% of liability in the bicycle accident. Based on the given percentage and the severity of Karina Sanchez’s traumas, she recovered around $4.5M in damages with the deduction of a contributory fault share.
Other Legal Aspects of an Average Bicycle Accident Claim
On top of the primary factors that usually affect the average bicycle accident settlement, there are additional considerations to keep in mind as well. It will be easier to build a solid claim that aims for a fair settlement amount if you understand all the nuances of the case.
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Statute of Limitations
Every state in America has a specific deadline within which you can file a compensation request. If you fail to comply with the state-government timeframe, you may lose your right to reimbursement. Unless there are exceptional conditions that allow the expiration date to be postponed. A local attorney would instruct you on the precise deadlines and potential exceptions.
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Helmet laws
In most states of the USA, mainly minors are bound to wear a protective helmet at all times. However, some local municipalities may stick to stricter helmet-wear policies. This means that if you didn’t wear the mandatory protective gear, your claim will be reduced or rejected overall.
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Traffic laws
Generally, cyclists are referred to as lawful road users. A bike rider may violate traffic rules and lose their rightful settlement if they run a red light and get into a cycling accident.
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Comparative and contributory negligence laws
Most of the states in the country abide by different forms of comparative negligence, which allows the victim to recover a fair settlement even if they are partially at fault for the bicycle accident. However, states like Alabama, North Carolina, Maryland, and the District of Columbia use contributory negligence forms, which means that even if you are found guilty at 1%, you can’t claim any reimbursement.
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Coverage limits
Sometimes, the negligent parties don’t have sufficient insurance to cover inflicted losses. In cases like that, you will have to search for alternative sources of compensation.
Get in Touch with an Expert Bicycle Accident Attorney Today!
A bicycle accident is always a source of troubles and burdens that can make your life unbearable. Yet, if you think that the first offered bicycle accident settlement is worth settling for—think again! Every injured victim deserves a maximum reimbursement for their pain, suffering, and losses. Contact us if you want to restore justice and recover fair compensation. We offer a free consultation to assess the value of your case and safeguard your future!
Since his academic days at the UC Berkeley School of Law, Robert Goldwater has remained a committed advocate for victims of other people’s negligence. His tort law background, together with his unquenchable thirst for justice, helped young Robert found a now-successful law firm – Bicycle Accident Lawyers Group, gathering same-minded and promising attorneys from all over the country.
