Can You Claim Compensation for a Bicycle Accident?

Can You Claim Compensation for a Bicycle Accident?

When a car hits a bicycle, the cyclist can be severely injured. Common injuries include traumatic brain injuries (TBIs), broken bones, spinal injuries, road rash, and more. If you have a severe bike accident injury, your personal injury settlement will usually be more significant, but that isn’t always true.

Bikers who try to settle their own claims with the insurance company can receive less money than they deserve. Unfortunately, some insurance adjusters and others have dismissive attitudes toward cyclists and may think they caused the injury themselves.

You should always consult a bicycle accident attorney if you think another party injured you. Receiving compensation for your medical bills, lost income, and more may be possible. A bicycle accident attorney in your area can review your case today for free.

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Common Causes Of Bicycle Accidents

Bicyclists have the same right to the road as motor vehicle drivers. However, many car drivers get into accidents with cyclists who are obeying the law and minding their business. It’s estimated that about two percent of all motor vehicle crash deaths are cyclists. Also, of the 1,360 bike accident deaths in a recent year, 928 were hit by motor vehicles.

When there’s an accident, the bicyclist is highly likely to suffer serious injuries. Common causes of bicycle accidents involving serious injury and death are:

• Distracted driving: Many car drivers are distracted by a cell phone or GPS and may not see the bicyclist in front of them. Common distraction accidents with bikers include running a stop sign or red light when a biker is crossing and sideswiping the cyclist on the right side of the road. Even the indirect, lighter impact in a sideswipe accident can cause a severe or fatal injury if the cyclist loses control of their bike.
• Driving under the influence: Drunk or drugged driving is always hazardous, but it is especially so when the driver hits a cyclist or pedestrian. Many drunk drivers are driving too fast and recklessly, so the crash is sometimes fatal.
• Speeding: Driving too fast and breaking other traffic laws also causes more severe bicycle accidents. Proving fault in the crash may be more straightforward if the police note on the report that the driver was speeding.
• Poor visibility: Bad weather, such as rain or fog, makes it harder to see on the road. However, the driver is still responsible for any accidents they cause with cyclists in lousy weather conditions.
• Failure to yield: A common cyclist accident occurs when a biker is going straight, and a car turns left in front of them. Cyclists are harder to see than cars, but the car driver must still exercise their duty of care and yield.

If a driver causes a serious bike accident, they can face criminal charges. An example would be if a drunk driver hits and seriously injures you. They can be charged with misdemeanor or felony DUI, depending on the situation. You also can file a civil claim against the driver that is separate from any criminal case.

What Bicycle Accident Damages Can You Receive?

In a bicycle accident claim, you can receive monetary damages if you prove that someone’s negligence led to your injuries. The compensation you may receive can help cover these types of losses:

• Economic damages: Many bike accidents have serious injuries, and you can have substantial current and future medical bills, past and future lost earnings, drug costs, and rehabilitation expenses.
• Non-economic damages: Many bike crash injuries and treatments are painful, such as skin grafts for road rash and surgeries to stabilize shattered bones. You should receive compensation for your pain, suffering, and mental anguish. If you have a severe injury and are disabled, non-economic damages can be more than those for your economic damages.
• Punitive damages: If the other party was intolerably negligent, you might even receive punitive damages to punish them.

Calculating bicycle accident damages is difficult, so bicycle accident attorneys are hired to handle the work. Your attorney will work tirelessly to understand your injuries, treatments, and prognosis. They will also track down your medical records and speak with your doctors to understand how much care you need now and in the future.

How Much Will Your Bike Accident Claim Be Worth?

Like any personal injury claim, providing an ‘average’ bicycle accident settlement is inaccurate because one case is so different from another. For example, a serious bicycle accident with severe injuries can affect one person more than another. Broken bones, for example, may heal faster in a younger, fitter person than in someone older and out of shape. Individual factors can make a case worth much more or less.

That said, there are usually several factors in a bicycle accident claim that affect its value:

Severity Of Bicycle Accident Injuries

The extent and severity of your injuries are the most critical in determining your settlement. A severe injury, such as a compound fracture or TBI, would have a higher case value than a sprained back and wrist. The more serious the injury, the higher the medical costs and the longer the recovery time. You also will have higher damages for lost earnings and pain and suffering from a severe cycling accident injury.

Liability

Who is liable will affect the amount of your settlement. If another driver caused the crash, you will get more money than if you were 25 percent responsible for the accident.

Type Of Party Liable

The type of person or party liable also affects your bike accident settlement. Private drivers who hit and injured you may have only $30,000 liability coverage. This may make it hard to get all of the compensation you deserve. However, you may receive more compensation if an employer is liable for the accident. Companies must carry higher liability insurance than private parties.

For example, if an Uber driver hits and injures you on your bike while carrying a fare, Uber may be required to pay for your damages. Rideshare companies usually have a liability policy of $1 million.

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Lost Earnings

A serious bicycle accident injury may render you disabled, such as a TBI or spine injury. Consequently, you would receive more for lost earnings and earning capacity than if you broke your foot and arm.

A bicycle accident attorney will add up your lost earnings and lost potential earning ability by working with economists and occupational experts. Accurately estimating your earning losses is one of your attorney’s most important tasks. Accident victims who try to settle their claims alone almost always underestimate their lost earnings in the future.

Your Age

If you have a severe bike injury that disables you, your settlement can be higher if you are younger. A younger person, such as a 30-year-old woman, has a longer work future ahead of her than someone who is retired.

Your Occupation And Education

Suppose you are an engineer who makes $150,000 per year. You would have more lost income in the future than a teacher making $50,000 per year so that the settlement will be higher. This isn’t to say that any occupation is more or less important than another; it simply reflects that certain occupations with higher education pay more than others.

Who Will Pay Your Bicycle Accident Damages?

Did a driver hit you on your bicycle? Generally, the at-fault driver will be liable for covering your injuries and damages. So, you would usually file a claim using the driver’s insurance policy.

However, far too many Americans don’t have auto insurance, although it’s required. Others may only pay for limited liability coverage, which, in many states, is only $30,000 per accident and $15,000 per person. If you need hospitalization and surgery, $30,000 won’t go far.

If you have a car and uninsured driver coverage, a bicycle accident attorney may help file a claim on your policy. It’s always a good idea to pay for plenty of uninsured and underinsured insurance on your policy, especially if you are a cyclist. You never know when a driver might hit you without coverage. Then, you can be stuck paying your own medical bills.

Depending on the case, there are other potentially liable parties for a bicycle accident. A typical scenario is a driver working when the crash happened, such as a flower delivery driver. In this situation, their employer can be liable for your losses through the vicarious liability theory. Companies must carry higher liability policies, so more money may be available to pay your damages.

An experienced bicycle accident lawyer will look for all potentially liable parties and their insurance policies to ensure you get the most compensation. Your attorney is paid by a contingency agreement, meaning they are paid a portion of your settlement or jury award. This means that the attorney is well-motivated to maximize your payout.

Common Bike Accident Myths

There are many bicycle accident myths online that you should be wary of. Always talk to an experienced bike accident attorney for accurate information:

• Bike accidents are usually caused by the biker: Untrue. Most bicycle accidents happen because a driver violates their duty of care and causes the incident.
• You can’t get compensation if you don’t wear a helmet: You should always wear a bicycle helmet when riding. However, 36 percent of cyclists say they don’t. Engaging in such actions is risky, but you can still receive compensation in a bike crash lawsuit.
• You can settle your bicycle crash case: This is true, but should you? You don’t have to hire a lawyer, but bicycle accidents usually cause severe injuries for cyclists. They aren’t protected by the vehicle, and the injuries may be catastrophic. What if you are severely injured and can’t work? You might settle your case for a fraction of its total value. A bicycle accident attorney will never allow this.
• You can’t get compensation from an uninsured driver: About 15 percent of all US drivers don’t have car insurance. This is illegal, but people do so anyway. You may still receive compensation if the driver doesn’t have auto insurance. Your attorney may help file a claim on your own policy. Or, your attorney can seek a judgment against the driver for your damages.

Talk To A Bicycle Accident Attorney

Severe head trauma. A crushed vertebrae and paralysis. Shattered bones. A bicycle accident can cause horrific injuries. You should always retain a personal injury lawyer if a driver hits you on your bicycle. Your attorney will fight to maximize your compensation, and you won’t pay out-of-pocket. Speak to a bicycle accident attorney today for more information. The consultation is free.

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