Bicycle accidents happen more often than they should, and the impacts of these accidents can be long-lasting [1]. Victims often face a lot of medical expenses, serious injuries, and disruptions to their everyday lives.
You might be entitled to compensation if you or a loved one have been injured while riding your bike. Hiring a bicycle accident lawyer can help you better understand your rights and how much compensation you might receive. They will guide you through the legal process while you focus on healing.
Types of Damages in Bicycle Accidents
In bicycle accident claims, compensatory damages are typically divided into economic and non-economic damages. Economic damages are quantifiable losses, like medical bills, lost wages, etc., while non-economic damages are the intangible effects on the victim and how the accident impacts their well-being and life.
Economic Damages
When seeking compensation for a bicycle accident, most people first consider monetary damages. These are measurable losses, primarily financial, resulting from the accident. They’re much easier to calculate than non-economic damages because they can be proven with medical bills, pay stubs, and receipts.
Medical Bills
Medical expenses are some of the most significant and stressful parts of a bicycle accident. As the main component of economic damages, hospital bills can cover a range of services, including:
- Surgeries and other procedures due to the accident
- Emergency room visits and any hospitalizations
- Mental health counseling services
- Medications and medical supplies
- Future medical treatments needed due to the accident
- Physical therapy and rehabilitation costs
While compensation for medical costs should include the bills you’ve already incurred, it should also include any future medical expenses you can reasonably expect based on your injuries. An experienced bicycle accident lawyer can help you calculate the extent of your damages to seek maximum compensation.
Lost Wages
Many people involved in bike accidents aren’t able to work like they used to. This reduced capacity sometimes means being on modified assignments, temporary time off, or permanently unable to work. Financial compensation for bicycle accident injuries include:
- The income one has lost due to taking time off work to recover and for medical appointments.
- The reduced earning capacity if the injuries prevent someone from returning to work full-time or into their previous, higher-paying role.
- The future earnings if the injuries result in long-term or permanent disability.
Calculating lost earning capacity is fairly simple for those with traditional employment. On the other hand, it can be more challenging for those in commission-based or freelancing roles to prove this type of damage, but it’s not impossible.
Property Damage
Outside of the physical injuries sustained by the victim, there’s often property damage involved. When handling a personal injury claim for a bike accident, you can potentially seek compensation for property damage that covers:
- Replacement of damaged helmets, clothing, or other protective gear
- Repair or replacement of the damaged bicycle
- Repair or replacement of any electronic devices that were damaged during the accident, like smartphones or fitness trackers
If you plan on listing property damage as part of the damages incurred, you’ll need to make sure you have valid receipts to back up the cost of the property. This proof will help ensure you get a fair amount based on the overall cost of the property needing repairs or replacement.
Other Out-of-Pocket Expenses
Lastly, economic damages can include other out-of-pocket expenses from the bicycle accident. When claiming compensation, some of these expenses include:
- Home modifications needed to accommodate injuries or disabilities from the accident
- Transportation expenses to and from medical appointments if the victim can’t drive
- Assistive devices like wheelchairs, crutches, or prosthetics
- Home care services, if necessary, for daily activities during recovery
Non-Economic Damages
Non-economic damages show the entire scope of the bicycle accident and cover the non-tangible impacts the accident has had on your life.
Pain and Suffering
Almost every bicycle accident will cause some form of pain and suffering. For some, this damage just means bruises and soreness, while for others, it can be broken bones or permanent disabilities. Pain and suffering is a type of damage that seeks compensation for physical injuries, and it can include:
- Emotional trauma associated with the accident and recovery from physical injuries
- Acute pain from injuries
- Chronic pain from permanent or long-term injuries
- Psychological effects surrounding the physical pain include PTSD, fear, and anxiety
Loss of Enjoyment of Life
Bicycle accidents, especially those resulting in severe injuries, can impact the victim’s ability to enjoy life. This type of damage recognizes the impact of bicycle accidents beyond just physical injuries. Loss of enjoyment of life damages can be awarded in many cases, such as:
- Limitations on your ability to participate in social activities or maintain your relationships
- Inability to participate in recreational activities and hobbies you previously enjoyed
- Reduced quality of life because of chronic pain, disfigurement, or disability
Emotional Distress
Emotional distress is often confused as being the same as pain and suffering, but it’s a different type of damage. This damage focuses on the mental anguish the bicycle accident caused the victim.
To prove this psychological impact, medical reports from psychologists and other mental health professionals are key. Emotional distress can include things that resulted from the accident:
- Mood swings and other personality changes
- Sleep disturbances or nightmares about the accident
- Anxiety or depression
- Loss of self-esteem or confidence
Loss of Consortium
In some cases, spouses or partners of the bicycle accident victim can be entitled to loss of consortium. Loss of consortium is a type of damage that recognizes the impact that the accident has had on their relationship, including:
- Loss of emotional support or companionship
- Strain on the relationship because the spouse is the caretaker
- Decreased intimacy and physical affection
- Changes in the family dynamic
It’s important to know that loss of consortium is a separate insurance claim, but it can be included in the overall bicycle accident claim.
Factors Affecting Personal Injury Claim Compensation Amounts
For most personal injury claims, your compensation will depend on several factors. No two bicycle accidents are precisely the same, and understanding what factors determine overall compensation will help you remain realistic throughout the legal process.
Severity of Injuries
How badly you’re injured in a bicycle accident is a key factor in determining your overall compensation. Usually, accident victims who have suffered severe injuries are entitled to more compensation than those with a few bruises and soreness. Factors that are considered are:
- The duration and intensity of the medical treatment you need
- The nature and extent of the physical injuries
- Any permanent disabilities or disfigurements from the accident
- The long-term prognosis and potential for a full recovery
Impact on Quality of Life
How your injuries impact your day-to-day life will heavily influence your total compensation from the health insurance company. Some factors the courts will take into consideration include:
- Limitations on your ability to enjoy leisure activities and your hobbies
- Changes in your ability to take care of yourself or perform daily activities
- Effects on your social life and relationships
- Impact on your earning potential and career prospects
Liability and Comparative Negligence
In any bicycle accident case, each party has some level of fault. The degree of fault assigned to each party will affect the total compensation. In some areas, comparative negligence laws allow for a reduction in compensation based on the percentage of fault assigned to the injured party.
For example, if you are 20% at fault for the accident, your compensation will be reduced by 20%.
In some areas, if you’re more than 50% at fault, you might be unable to seek compensation for your bicycle accident injuries. An experienced lawyer will help you navigate liability and comparative negligence if necessary.
Available Insurance Coverage
The insurance policy and coverage of the at-fault party will play a role in the amount of compensation you can receive. Some factors that are important in this regard are:
- Applicable umbrella insurance policies
- The at-fault driver’s car insurance policy limits
- Your uninsured or underinsured motorist coverage.
If the at-fault party has insufficient insurance coverage, your personal injury attorney might look into other avenues for compensation, like filing against your uninsured/underinsured motorist coverage to compensate you fully for your injuries and losses.
Why You Need a Personal Injury Lawyer
Whether the accident was minor or severe, hiring a bicycle accident lawyer is a good idea while you recover. They understand the law and what you might be entitled to, so you can focus on healing while they improve your chances of getting compensation for the accident.
Maximizing Compensation
If you’ve been in a bike accident, hiring a bike accident lawyer can help you:
- Understand your legal rights after a bicycle crash and the full extent of the damages you can recover.
- Gather evidence to support your claim.
- Calculate both current and future expenses from the accident.
- Negotiate with the insurance company to achieve the maximum settlement for your case.
Proving Damages
An experienced personal injury lawyer, like those at Rosenfeld Injury Lawyers, will focus on proving damages in your case. Proving damages is the best way to recover compensation. They’ll assist in documenting all damages and gathering evidence to support your case by:
- Collecting medical records and hospital bills.
- Documenting non-economic damages through expert opinions and personal accounts.
- Gathering expert testimony supporting your claim of future medical expenses or lost wages.
Insurance Negotiations and Trial
Our personal injury lawyers will be prepared to represent you in court if we can’t reach a fair settlement during negotiation sessions. We can help you:
- File all the necessary paperwork and meet court deadlines.
- Present your case to the court effectively.
- Cross-examine any witnesses and challenge opposing counsel.
- Advocate for your rights and maximum compensation throughout the trial.
Contact Rosenfeld Injury Lawyers for Your Bicycle Accident Claim
If you or someone you care about has been injured in a bicycle accident, don’t wait to file your claim. Rosenfeld Injury Lawyers has the experience and determination to pursue the maximum compensation possible so you can hold the perpetrator accountable as you recover from your injuries.
We strive to protect our clients’ rights every step of the way and won’t stop until we reach a fair settlement based on your specific circumstances. Contact us today at (888) 424-5757 or fill out our contact form for your free consultation.
References: [1] NHTSA