According to recent data, bicycle trips make up around 1% of all trips in the country. However, almost 50K cyclists get seriously injured in the USA yearly due to a variety of reasons, including negligent drivers, road rage, and road defects.
The aftermath of a bike accident is challenging, with injuries, emotional trauma, and financial strain. A bicycle accident settlement calculator comes as a handy tool that provides an approximate estimate of your potential personal injury claim. Here is a detailed review of how these calculators work and whether you should use one in case of emergency.
- How to Use a Bicycle Accident Calculator?
- What Is a Bicycle Accident Settlement Calculator?
- What Are the Main Types of Damages in Bicycle Accident Claims?
- What Are the Potential Limitations of Settlement Calculators?
- What Is a Bicycle Accident Settlement?
- How Is an Accident Settlement Calculated?
- Which Factors Can Impact a Bicycle Accident Settlement Amount?
- Real-World Examples of Bicycle Accident Settlements
- Why Do You Need a Skilled Legal Representation in a Bicycle Accident Case?
- Get the Help of Experienced Bicycle Accident Attorneys Today!
- Any questions?
- Get a FREE case evaluation today
How to Use a Bicycle Accident Calculator?
In the majority of cases, settlement calculators are simple and easy to use. However, it takes a fair share of preparation to receive an optimal result. Here are the important steps:
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Gather information
To calculate your monetary losses, you need to assess your medical records that reflect your current hospital bills, count the days you spent off work, and evaluate the amount of lost wages. If any of your property sustained significant damage, repair or replacement costs should be backed up by receipts and added to the calculations.
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Consider non-economic losses
Not all the damages can be reflected in a precise monetary equivalent. Yet, it is necessary to evaluate the amount of pain and suffering you’ve undergone to receive a fair settlement.
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Enter data
Type in your medical treatment costs, lost wages amount, and property damage expenses, and multiply your non-economic losses depending on the severity of your injuries. Press “Calculate” and the tool will provide you with an average reimbursement amount.
Although compensation calculators may present precise figures, it is a good idea to consult a professional bicycle accident attorney to determine how valid the estimate is. In some cases, there may be hidden costs that you haven’t taken into account or the algorithm couldn’t assess.
What Is a Bicycle Accident Settlement Calculator?
A settlement calculator is an algorithm designed to assist injured cyclists in figuring out the amount of potential compensation they can settle for after a bicycle accident. It is usually a free online tool that anyone can use. The calculator is especially useful in times when you don’t know if you have a valid personal injury case and whether the situation is worth the fuss.
It takes a few seconds for the tool to evaluate the given information and provide an approximate settlement value. Most calculators can assess economic damages as well as non-economic losses. Some more advanced tools may even assign the amount of liability to the parties involved.
Such a calculator grants an injured victim a more or less clear understanding of where they are standing with their bicycle accident claim and whether to proceed with it. Yet, it is vital to treat the tool as a baseline. Even if you feel like the final settlement reflected by it may not be worth the effort, it is still a good idea to seek actual legal advice. For instance, at Bicycle Accident Lawyers Group, we offer a free case evaluation for every client. Our assessments are law-based and come from experience other than algorithm assumptions.
What Are the Main Types of Damages in Bicycle Accident Claims?
Every bike accident case is unique due to the underlying circumstances, inflicted injuries, and suffered losses. However, there are three categories of damages that most accident victims are entitled to:
Economic Damages
Measurable financial expenses belong to the category of economic losses. They include, but are not limited to:
An injured victim can claim the costs of all medical treatments. Whether these are emergency room visits, surgeries, rehabilitations, or other medically-proven manipulations, you can receive a fair settlement for your medical expenses, past and future.
Injured cyclists may need time to recover from the bicycle accident, which leads to missing out on their work days. They can claim the full extent of their lost income. Moreover, if the incident affects their future earning capability, these costs can be recovered, too.
Whether your bike has been seriously damaged or completely destroyed in the accident, the at-fault party or their insurance company is bound to compensate the costs of repairs or total replacement of the vehicle. This applies to all damaged belongings of value.
Non-Economic Damages
The intangible losses can and should be fully reimbursed.
- Physical pain and suffering: It is hard to reflect the amount of pain a person deals with after an accident in a precise monetary equivalent. However, a skilled bicycle accident attorney will help you ensure that you get rightful compensation.
- Mental anguish: Many bicycle accident victims are suffering emotional distress long after their physical recovery. An injured party can claim financial reimbursement for anxiety, PTSD, loss of joy in life, and other related conditions inflicted by the incident.
Punitive Damages
In rare cases, extremely negligent or reckless parties are punished with exemplary measures on top of the compensatory ones. This aims to prevent such situations from happening in the future.
What Are the Potential Limitations of Settlement Calculators?
Although generally beneficial, reimbursement calculators have a set of drawbacks to consider:
- Oversimplification: The calculator’s algorithms rely on basic formulas that may be insufficient to reflect the full financial scope of your losses.
- Impersonal approach: These tools are designed to enlist the most typical aspects of an average bicycle accident claim. However, each personal injury case is different in terms of sustained traumas, their severity, lasting consequences, and other contributing factors. That is why a presented calculation may turn out to be invalid.
- Lack of legal expertise: Different states, counties, and municipalities may have varying rules and regulations, such as comparative negligence laws, which can have a direct effect on the settlement. A compensation calculator does not take those into account when generating a claim reimbursement.
- Unpredictable twists: Every insurance provider acts in their interest, trying to reduce the payouts. They can apply different tactics to deny your claim or decrease it to a bare minimum — an algorithm can’t predict those, thus being misleading from the start.
Overall, a settlement calculator is a handy tool that may serve as a starting point for your case, but the rest should be entrusted to an experienced personal injury attorney.
What Is a Bicycle Accident Settlement?
Whether it is a dooring accident, a road rage incident, or any other type of bicycle accident, there are usually two or more parties involved. They often include an at-fault person and a victim. The victims who’ve sustained serious injuries due to other people’s negligence have the right to claim their financial and contributing losses. All the damages that an injured cyclist suffers make a sum, referred to as an accident settlement.
The main aim of bicycle accident compensation is to ensure that the injured bicyclist can restore their quality of life without the burden of piling expenses weighing over them. The settlement process is not always smooth and quick since sometimes the at-fault parties deny guilt. That is why the victim has to gather enough evidence to prove the other person’s fault.
In other cases, insurance companies offer a minimal reimbursement that barely covers sustained damages, and it takes time to negotiate a rightful reimbursement. In either case, quality legal advice can speed up the process and ensure maximum settlement.
How Is an Accident Settlement Calculated?
A few significant factors that can affect the final amount of your compensation. They include the following aspects:
Injury Severity
Traumas sustained in a bicycle accident range from minor injuries to life-threatening damage or even fatal outcomes. The more serious the injury, the costlier the medical treatments, and the higher the settlement. Permanent disfigurement, disabilities, and wrongful death claims can go up to millions of dollars in compensation.
Percentage of Liability
Most states in the USA abide by the comparative negligence laws, with the exception of a few. This regulation implies that if both parties are found guilty of contributing to the incident, the victim’s settlement amount may be decreased. If a cyclist is found guilty in a bicycle accident with 30% fault assigned. If their claim is $100K in reimbursement, they will receive only $70K due to the deduction of liability percentage.
Insurance Coverage
In some cases, the at-fault party does not possess the necessary insurance coverage to compensate for the incurred losses. Suppose the injured cyclist does not want to settle for the offered minimum, nor do they want to pay out of their pockets. In that case, they usually seek legal assistance to determine alternative sources and possibilities.
Which Factors Can Impact a Bicycle Accident Settlement Amount?
On top of the scale of your medical expenses, non-economic damages, insurance policy, potential liability, and other costs, there are a few more factors that can affect the final settlement’s worth:
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Statute of limitation
Every case has a state-approved deadline within which a victim has to file the claim. In some states, it can be from four to three years. In others, two or less. The timeframe may be expanded or reduced based on the underlying circumstances of your case. However, if you fail to initiate the claim within the given period, you may lose your right to any compensation.
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Helmet laws
Most states in the US do not have strict helmet laws for adults. However, an insurance company may argue that the victim wasn’t wearing a helmet, so they are partially to blame for the severity of their injuries and additional losses. Such tactics, if approved, will lead to a decrease in settlement amounts.
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Violation of traffic laws
It is a common practice across the country to assign the same rights for cyclists as for other motor vehicle drivers. This means that the traffic laws and regulations also apply to this category of road users. In case a bicyclist has ridden on a red light, ignored a sign, or violated the traffic laws in any other way, the amount of the reimbursement will be decreased if not denied.
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Accident evidence
Both parties rely heavily on the evidence of the accident. The more records and other documents you have, the more solid the claim. If the potentially at-fault party has stronger proof of a cyclist’s negligence, they may be deemed partially responsible for the incident and will be offered a lower compensation.
Real-World Examples of Bicycle Accident Settlements
Bicycle accident compensations range from a couple of thousands to millions of dollars in settlements based on the conditions of the incident as well as the severity of injuries. Let’s have a look at three real-life settlement verdicts to give you a better idea of what you may count on:
Example 1: Over $600K Henry Hodge v. Kenneth M. Fox case
$600K Settlement
A cyclist collided with a truck when the driver made an unsafe right turn without checking for other road users. The plaintiff was thrown from their bike and collided with a tree, which caused serious head trauma, orthopedic injuries, and multiple broken ribs. The claim was satisfied with over $88K in future medical expenses and $600K of past and future non-economic losses.
Example 2: Almost $5M Knopp v. City of Los Angeles case
$4,7M Settlement
A car driver fatally injured a bicyclist, yet the City of Los Angeles was deemed partially at fault for the incident. The lack of proper infrastructure and the driver’s negligence led to the tragic loss of a husband and father. The initial offer from the defendant was $80K in damages, yet after the trial, the family of the deceased received $4,7M in losses.
Why Do You Need a Skilled Legal Representation in a Bicycle Accident Case?
One of the most evident advantages of working with an expert attorney would be their legal expertise. However, there are multiple benefits that an experienced legal assistant can bring into the case.
- Accurate case evaluation: Unlike an algorithm-run compensation calculator, a trained lawyer can assess all the aspects of the claim so that you opt for the maximum settlement, as the Knopp family did.
- Solid claim design: It takes multiple angles to investigate an incident and present it so that it supports your victim’s status. A committed lawyer will access available evidence, question witnesses, and carry out accident reconstruction if needed to support your case.
- Contingency fee basis: Law firms like Bicycle Accident Lawyers Group work on a no-win, no-fee basis. Such an approach ensures that the injured bicyclist or their family does not have to pay for legal services until the case is won.
- Trial representation: Sometimes, it is impossible to resolve the claim without taking it to court. Some at-fault parties are reluctant to admit their fault, and their insurance providers may offer a minimum settlement that does not cover the losses. A skilled lawyer will prepare all the paperwork and file a case advocating for your rights until you receive the settlement you deserve.
Get the Help of Experienced Bicycle Accident Attorneys Today!
A bicycle accident may feel like you’ve opened Pandora’s box with problems and expenses pouring over you. However, you don’t have to deal with the aftermath of a cycling incident on your own. Whether it is a hit-and-run case, a claim against the municipality, or a dooring accident, our Bicycle Accident Lawyers Group can become your trusted partner in defending your rights and advocating for the fair compensation that you deserve!
Call us today for a free consultation and start your journey for justice today! We’ll assess your claim, outline an available strategy, and handle all the legalities while you recover!
Share the details of your situation with us so we can begin advocating on your behalf. We customize our approach to fit the unique needs of each client.
Any questions?
How Long Does a Bicycle Accident Case Take?
Every accident is different. It takes a variety of factors to determine a precise timeframe for a separate case. However, even after you evaluate the complexity of the claim, assess the severity of injuries, and gather all the evidence, it may still be unclear how long it will take to settle for the reimbursement you seek.
Some settlements are resolved in a matter of months, but others take years to finalize, especially if you have to take them to court. Working with a professional legal representative will definitely speed things up since field lawyers know all the ins and outs of the local legal system.
Can I Settle My Case Without a Lawyer?
Short answer: yes, you can. However, you risk settling for a lowball offer that most insurance companies are known for. Skilled legal representation ensures that you get the maximum reimbursement available. Trained attorneys assess past and future expenses, including non-economic losses that often have a negative toll on the injured cyclist.
On top of that, many reliable legal teams work on a contingency fee basis without any upfront charges, so you don’t have to worry about the financial part of the deal. Only if your case is successful will you have to pay the lawyer. Usually, the fee is from 30% to 40% of the recovered settlement.
Can I Settle My Case Out of Court?
Yes, it is possible to settle a bicycle accident claim without taking it to court. In fact, most cases are resolved in a way that avoids court costs and consequent expenses. However, in some instances, it is advisable to go to trial to make the most of your claim.
When your legal advisor can’t negotiate fair compensation or the at-fault party refuses to admit their guilt, going to court is your only chance to recover sustained damages. It is always a good idea to consult with an attorney as to which road to take to succeed with the most plausible outcome.
