Bicycle Accident Claim Guide

A cycling accident can turn your peaceful and orderly life upside down with all the physical injuries, financial burdens, and emotional distress that it brings. A timely and correctly filed bicycle accident claim can ease that toll and help you recover a fair settlement for your hospital bills, lost wages, and other related expenses.

Filing a personal injury claim is more complex than it seems. We’ll cover the key aspects, share insights, and provide practical tips to help you secure a fair outcome.

Key takeaways

• Choose the right claim type to maximize compensation for lost wages and medical expenses.
• Identify the negligent party with evidence from the accident scene.
• Understand local laws to navigate your insurance claim effectively.
• Assess all damages to secure a fair settlement.
• Strengthen your case with solid documentation.
• Be aware of cyclist bias that may impact your claim.
• Expect insurers to offer lowball settlements.
• Hire an attorney for serious injuries, disputes, or denied claims.

What Is a Bicycle Accident Claim?

A bicycle accident claim is a request for fair compensation for all the injuries, losses, and damages that an injured victim has sustained as a result of an accident. The types of claims may vary depending on the underlying conditions of the incident and the scale of damages inflicted. 

For instance, a wrongful death claim will differ from a defective product claim or unsafe riding conditions request. The main aim of an average claim is seemingly straightforward — to recover proper bicycle accident settlement. However, because of the intricacies of local laws and insurance policies, it often takes a professional bicycle accident lawyer to win the case.

What Determines Your Settlement Amount?

The amount you can claim after being injured in a bicycle crash depends on several important aspects. Here are the main ones:

• Your injuries: The severity of your physical injuries impacts your claim. Head trauma typically results in higher settlements than minor scrapes and bruises.
• Medical bills: Your current expenses matter, but future costs, including future medical expenses, should also be considered.
• Medical records: Detailed medical records are crucial in proving the extent of your injuries and supporting your claim.
• Medical attention: Seek medical attention because it strengthens your case by establishing a clear link between the accident and your minor or severe injuries.
• Lost income: Compensation includes both current lost wages and potential future earnings if you can’t return to work.
• Property damage: The cost of repairing or replacing your bike and gear is part of the claim.
• Pain and suffering: This covers both the physical pain and emotional distress caused by the accident.
• Who was at fault: Shared fault can reduce bicycle accident settlement.
• Insurance coverage: If the responsible party has minimal coverage, legal action may be necessary.
• Your lawyer’s experience: An experienced bicycle accident lawyer can offer a free consultation, handle personal injury claims, build a strong case, and negotiate for maximum compensation.

How Do You Solidify Your Bicycle Accident Claim?

To file a success-oriented bicycle accident claim, you must act promptly. The process usually starts right at the accident scene. The more meticulous and precise your actions, the higher the chances of obtaining the rightful settlement you deserve.

Call Emergency Services

After you’ve been in a bicycle accident, no matter the visible extent of your injuries, you should contact 911 and let them know about the incident. They will dispatch medical emergency services and law enforcement to document the crash and provide necessary first-aid assistance to the victims.

The shock and general commotion after the bike accident may mask such severe injuries as internal bleeding, concussion, whiplash, and other health conditions. Let the responding medics check you out thoroughly and document everything. Medical records will serve as palpable evidence and help you build a solid insurance claim.

Document the Accident Scene

Every detail counts when you need to file a bicycle accident claim. If your injuries allow it, you should gather as much visual evidence as possible. Take pictures of the following:

• Your wounds
• Damaged property
• Location
• Road conditions
• Weather

Take shots from different angles to make sure nothing is missed. Proper documentation will strengthen your future insurance claim.

Collect Contact Information

If there are any involved parties, such as drivers and witnesses, it is always a good move to ask them for their contact information. Write down the driver’s address, phone number, insurance policy number, driving license number, and other personal details. You can also record eyewitness statements. They will serve as unbiased confirmation of events that have led to an accident.

File a Police Report

Accidents that involve serious injuries and significant damage must be reported to the police. So, you shouldn’t leave the accident scene before you give the statement. You can obtain the police report later and include it in the bicycle accident claim. Official documents like that strengthen the case.

Contact Insurance Provider

Even if you are 100% sure that the accident wasn’t your fault, you must notify the insurance company about it. However, you should be careful about how you lay out the details of the incident. Stick to bare facts and don’t admit your fault in any way — insurance companies may use it against you and reduce the amount of your bicycle accident compensation.

Call a Bicycle Accident Lawyer

While minor incidents may seem like they don’t require legal assistance, it is never a waste to consult an experienced attorney. Besides, it is hard to predict a complex process without professional assessment. Many legal advisors work on a contingency basis, so hiring a lawyer won’t cost you anything unless they manage to obtain fair bicycle accident compensation.

What Are the Main Types of Damages in Bicycle Accident Claims?

Not every injured victim realizes that the damages they can recover go beyond their medical bills and property damage. In fact, there are three major types of damages to file a bicycle accident claim for:

• Economic Damages
• Non-Economic Damages
• Punitive Damages

The last type of damages — punitive — is the rarest since its primary aim is to punish the responsible party and prevent similar acts in the future. An at-fault party has to be viewed as extremely negligent, reckless, or determined to cause serious harm in the accident.

Economic Damages

This type of damage is aimed at eliminating the financial toll of palpable monetary losses a cyclist undergoes after an accident. For instance:

Non-Economic Damages

Some losses sustained in a bicycle accident are intangible, but that does not mean that you can’t recover full compensation for your nonmonetary damages. With professional legal guidance, it is possible to obtain the following losses:

How Do You Prove Negligence in a Bicycle Accident Claim?

The process of establishing liability is often tangled and complex, no matter how obvious the at-fault party seems to be. Usually, four main aspects can help you prove the other party’s negligence. They are the following:

• Duty of care

  It is a legal obligation to act in a certain way. For instance, all drivers and other road users must follow the approved traffic laws, governmental entities must ensure safe riding conditions, and manufacturers must produce quality items.

• Breach of duty of care

  If either of the involved parties fails to comply with their obligations, they breach them. Suppose a distracted driver exceeds the speed limit, a local municipality fails to fix a broken traffic sign, or a manufacturer sells a vehicle with a defective brake system — they violate their legal obligations.

• Connection or causation

  When you file a bicycle accident claim against a liable party, you must provide sufficient evidence that their actions have led to an incident. There are different types of proof to base your case on — digital evidence, witness statements, bicycle accident reconstruction, expert conclusions, etc.

• Personal losses

  Lastly, the victim has to prove that the sustained damages are the direct aftermath of the other person’s negligent actions. Your medical records, repair bills, lost wages, and other documentation can prove that.

What Does a Bicycle Accident Insurance Claim Process Look Like?

Dealing with insurance companies is never an easy task. Every insurance adjuster acts in their interests, often trying to reduce the amount of your settlement if not to discard it entirely. The better you understand the process, the easier it will be to recover fair compensation.

• Step 1

  The process starts with a timely notification of the insurance provider about the accident. Some claims have strict deadlines, so time is of the essence, and you shouldn’t postpone the deed.

• Step 2

  Most insurance companies provide special accident claim forms that have to be filled out. You have to be attentive when filling those. Provide all the required information and make sure that all the details are correct. The simplest mistake can delay your settlement.

• Step 3

  Sometimes, insurance providers will request additional documents or details to further process your bicycle accident case. That is why you should check the status of your claim regularly.

• Step 4

  Very often, insurance claims get lowballed. This means that the insurer wants you to settle for a minimal reimbursement that may not reflect the full scale of your damages. So, you should be prepared to negotiate these offers until you obtain a just settlement.

• Step 5

  After you are offered rightful compensation, you can agree to close the case.

Potential Challenges to Overcome After a Bike Accident

As you work on getting your bicycle accident compensation, be prepared for a few obstacles along the way:

• Driver bias against cyclists: Some people think bikes shouldn’t be on the road at all. This mindset can influence how police report the accident or how insurance agents look at your claim.
• The “invisible cyclist” problem: The “I just didn’t see them” excuse doesn’t make their negligence any less real, but it’s a common defense that can complicate your claim.
• Proving driver negligence: Without traffic cameras or witnesses, it can be your word against theirs. That’s why collecting evidence right after you crash is so critical.
• Downplaying your injuries: Insurance adjusters may try to claim your pain will just go away or that you’re making it sound worse than it is.
• Pre-existing conditions: If you had any previous injuries, the insurance company may say your current pain relates to the older issues instead of the accident.
• No-contact accidents: Sometimes, a car might push you off the road without actually hitting you. These cases can be harder to prove.
• Doing it alone: Some cyclists prefer to manage their claims themselves, not knowing just how tricky the process can get or how much compensation they might end up missing out on.

Signs It’s Time to Call a Cycling Accident Attorney

Going through this challenge alone can be frustrating. Here’s when seeking legal assistance makes sense in your bicycle accident claim:

• When your injuries are serious: Serious injuries carry significant risks and can complicate your claim, particularly when future medical expenses are involved.
• If you’re missing work: A lawyer ensures you get paid not just for lost wages but also for potential future earnings.
• When the fault is disputed: If the driver or insurer tries to shift blame, legal expertise helps fight back.
• When the settlement offer is low: Insurers often push quick, unfair deals to avoid fair compensation—a lawyer recognizes these tactics.
• If your claim was denied: Many initially rejected claims succeed with proper legal support.
• When you’re overwhelmed: Managing paperwork and calls while recovering can be exhausting—a lawyer eases the burden.
• Before the time limit expires: Every state has a deadline, and since a bicycle accident claim varies by location, legal help ensures you file on time.

Conclusion

One can’t be prepared for a cycling accident and the hassle it can bring into your everyday life. However, knowing your rights and obligations takes you a step closer to a successful resolution of your claim. Furthermore, you don’t have to engage in this legal battle alone. If you are seeking legal guidance that will assist you in claiming maximum bicycle accident compensation, contact our team for a free consultation today!

Posted by Robert Goldwater

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.

All articles by Robert Goldwater