Many people rely on bicycles to get to their various destinations. Bicycling can be a great means of transportation and an enjoyable outdoor recreational activity. However, bicycling isn’t free of risks, and driver negligence can turn a nice bike ride into a disastrous situation.

If you suffered injuries in a bicycle accident, it may be worth filing a lawsuit. Most bicycle accident cases lead to medical bills, lost wages, and property damages. Bicycle accident settlements help injured victims cover these costs.

Bicycle accident lawsuit

Common Bike Accident Injuries

A bicycle accident can lead to various injuries, including the following:

Potential Defendants in Bike Accident Cases

Liability in a bicycle accident usually depends on negligence. Potential defendants in a bicycle accident lawsuit may include the following.

Car Drivers

Car drivers may be held liable for a bicycle accident. Distracted drivers, driving under the influence of drugs or alcohol, ignoring a stop sign, and speeding are just a few examples of negligent behaviors that could lead to a bicycle accident claim. In this case, the at-fault driver or their insurance company may be liable for all incurred costs.

Truck Drivers

Commercial truck drivers may also be responsible when an accident occurs. While many of the same negligent behaviors of car drivers can also lead to a truck accident, the consequences may be worse with larger trucks. 

The federal government has laws that govern truck drivers and protect cyclists. Those who violate these guidelines can be held liable for accidents resulting from non-compliance.

Government Entities

Government entities may also be liable following a bicycle accident. City and county structures are expected to maintain roads to keep the public safe. Failing to maintain or repair roads or other infrastructures properly could lead to a liability claim against the government.

Other Cyclists

Other bicyclists could cause accidents, which could result in damages. A bicyclist who rides between lanes of traffic, fails to yield to a pedestrian, runs a red light, or rides while impaired could be liable for any resulting accident.

Property Owners

Property owners may sometimes be held responsible when a bicycle accident occurs. Dangerous outdoor structures, a lack of lighting, or hazardous conditions could make a property owner liable for damages.

Determining Liability in Bike Accidents

Proving liability is crucial for cyclists seeking compensation after an accident. To recover damages for your injuries, you must establish these key elements of legal responsibility.

Negligence

Negligence refers to a person or entity’s failure to exercise reasonable care. Some examples of negligence in a bicycle accident might include city workers failing to repair sidewalks or bike trails, a driver texting, a commercial truck driver under the influence, or a maintenance company leaving dangerous equipment directly in a bicycle path.

Comparative Negligence

Many states follow comparative negligence laws, which refer to an accident in which multiple parties are responsible.

For example, a bicyclist ignores posted statements telling bicyclists to use paths when available and, instead, uses the road. A driver who isn’t paying attention swerves into the bicyclist, causing them injury.

A bicyclist can still seek compensation in a state with comparative negligence laws. However, if they’re found to be partially liable for the accident, the awarded compensation amount will be reduced by their percentage of fault.

Contributory Negligence

Other states follow contributory negligence laws instead, which prohibit an injured victim from seeking compensation if they’re partially responsible. It’s important to note that some states use a combination of comparative and contributory negligence laws. 

For example, a modified comparative negligence state allows injured cyclists to collect compensation if they’re less than 50% responsible.

Gathering Evidence

Evidence plays a key role in bicycle accidents. Certain pieces of evidence can help prove negligence and fault. Other pieces help determine the extent of the victim’s injuries, ensuring they receive fair compensation.

Here are a few critical pieces of evidence in a bicycle accident case.

Police Report

Request a copy of the police paperwork before filing a personal injury claim. The report provides a breakdown of the events leading up to the bicycle accident. Many insurance companies may even require a copy of the report before you can recover compensation through a claim.

Medical Records

Your medical records are essential evidence in a bicycle accident claim. A fair settlement should cover your current medical bills and anticipated future treatment costs.

Witness Statements

Witness statements may also be important to your bicycle accident case. Gather the contact information of witnesses who can attest to the accident details.

Expert witness reports may also be helpful in your bicycle accident case. An expert witness can corroborate any expected ongoing treatment needs, including surgical procedures or physical therapy.

Photos and Videos

Photos and videos can also be helpful when building a case. Photographs of the injuries plus the dangerous situation that caused the accident can help prove negligence. Cyclists should also consider pictures of broken bikes or other property damage.

Potential Damages

The potential value of a bicycle accident varies depending on the details of the claim. Below is the compensation typically awarded in bicycle accident claims:

Medical Expenses

Compensatory damages should cover medical costs for treating injuries, such as hospital visits, specialist copays, transportation, or expected medical bills. The settlement should also include mental health counseling costs to address the psychological trauma from your bicycle accident.

Lost Wages

A bicycle accident can affect your ability to work, both temporarily and permanently. A fair settlement should compensate you for lost wages and future income losses due to long-term injuries.

Pain and Suffering

Severe injuries common in bicycle accidents can lead to a good degree of pain and suffering. A personal injury lawyer can help bicycle accident victims value their pain and suffering. Use our bicycle accident settlement calculator to get a rough estimate of your case’s value and book a free case evaluation with our team to discuss the specifics.

Property Damage

Bicycle accidents often result in property damage beyond just the bike itself. The settlement should cover repairs or replacement of your bicycle and other damaged personal items like smartphones or electronics.

Why You Need a Bicycle Accident Lawyer

A Chicago bicycle accident attorney from Rosenfeld Injury Lawyers is a great resource when navigating a personal injury claim. Here are a few reasons to consider working with a lawyer during a bicycle accident settlement.

Negotiating Bicycle Accident Settlements

When seeking compensation from the other party’s insurance company, having an expert negotiator represent your best interests is always a good idea. Bicycle accident settlements depend on various factors, including how severe your injuries appear to the other party involved. This is why you need to gather evidence.

Our Chicago personal injury lawyers are dedicated to protecting cyclist’s rights and obtaining a settlement amount that appropriately covers their damages. We’ll guide you through the legal process, ensuring the other party pays for their wrongdoing.

Representing You in Court

If the negligent party’s insurance company refuses to offer a fair settlement amount, your personal injury case may need to go to trial. An experienced bicycle accident attorney can present evidence of your psychological and physical injuries in court to secure a higher settlement from the negligent party.

What is The Average Bicycle Accident Settlement?

The average settlement offer depends on many factors, including the severity of your injuries and how likely they will impact your daily life.

A bicycle accident involving costly expenses due to severe head injuries will usually lead to a higher payout than a less severe incident with minimal soft tissue injuries. However, an average settlement usually includes medical bills, lost wages, and property damages, ranging between a couple of thousand dollars and a few million dollars.

Secure Expert Legal Representation!

Whether you were injured by a commercial truck driver driving at high speeds or a poorly maintained roadway, our team is here to fight for you. We understand how injuries sustained in a cyclist crash can impact your life, financially and emotionally.

Rosenfeld Injury Lawyers have the experience necessary to value your claim accurately. Our law firm strives to exceed the average bicycle accident settlement amount and get crash victims fair compensatory damages.

Contact us today at (888) 424-5757 or fill out our contact form to book a free consultation with a bicycle accident lawyer.