Bicycling is a popular and affordable mode of transportation that offers numerous health benefits. However, while cycling offers many advantages, riders must be aware of the potential risks they face and remain vigilant while on the road. In the event of an accident, cyclists have little to no protection against much heavier and faster motor vehicles.
Without adequate protection, cyclists are more likely to experience devastating injuries like spinal cord damage, traumatic brain injuries, and severe lacerations. If you've suffered an injury in a bike crash due to someone else's negligence, you may be wondering whether you're eligible to recover compensation for your injuries and other accident-related losses.
Luckily, there are legal options available to help you pursue financial recovery for your damages, including medical expenses, lost income, and pain and suffering. Filing a bicycle accident claim can be complex, as it often requires gathering detailed evidence, negotiating with insurance companies, and proving the other party's negligence.
An experienced attorney can help simplify the process in every aspect of your case from start to finish. Our team of dedicated and compassionate bicycle accident lawyers is prepared to provide you with the personalized attention and support you need during this difficult time. We encourage you to reach out and schedule a complimentary case review where one of our attorneys will evaluate your case and help you understand your legal rights.
Understanding Your Right to Compensation for Your Bicycle Accident Injuries
When filing a claim for a bicycle accident, the types of damages you can collect will depend on the circumstances of your accident. Typically, injured bicycle riders are entitled to recover two primary categories of compensatory damages: economic and non-economic. Economic damages, also referred to as special damages, are intended to reimburse the injured party (plaintiff) for measurable financial losses resulting from the accident. Special damages are calculated using bills, receipts, and proof of lost earnings.
Here are a few examples of economic damages that may apply in your case:
Medical Expenses
After a bicycle accident, medical costs can quickly add up. Even with health insurance, you may still be responsible for deductibles, co-pays, and other expenses that can place additional strain on your finances.
These expenses may include:
- Medical bills (including future expenses)
- Surgeries and medical procedures
- Emergency room visits
- Rehabilitation or physical therapy
- Prescription medications
- Ambulance transportation
If someone else caused your accident, they are responsible for all immediate and future expenses related to your treatment and recovery. A bicycle accident attorney can factor these costs into your total settlement demand and work to secure a full and fair recovery for your injuries and other losses.
Lost income and Lost Earning Capacity
When a bicycle accident prevents you from returning to work for weeks or months, you may have concerns about being unable to earn an income during your recovery. If you suffer a permanent disability or impairment after a bike crash, you may even have to make a job change or lose your ability to work entirely.
Compensation for lost income should account for:
- The earnings you've already lost;
- Reduced earning capacity if you cannot return to the same job or have to work less;
- Any anticipated future income you may be unable to receive due to a long-term or permanent disability; or
- Other benefits of your job that you lost, such as vacation and sick time, bonuses, commissions.
A bicycle accident attorney can help you prove lost earnings by gathering evidence such as past pay stubs, former tax returns, and employer statements. Your attorney will know what formula to use when calculating the total amount of income you've lost, and can provide you with a more accurate estimate of what you should expect to receive.
Property Damage
Road bicycles can cost thousands of dollars, and other personal belongings such as professional-grade shoes, helmets, riding gear, and phones can quickly push property damage claims above $10,000. The cost to repair or replace these items, including your bike, is recoverable as part of your property damage claim. To recover compensation for damaged items, you will need to obtain professional repair estimates and maintain accurate documentation of the damage with photos and written reports to substantiate your claim.
Recoverable Non-Economic Damages in a Bicycle Accident Case
Non-economic or general damages are awarded to compensate accident victims for the physical pain and emotional suffering they've endured due to the accident. Although these losses do not have set dollar values and can be hard to calculate, they are every bit as important in your pursuit of fair compensation.
Some examples of these damages include:
Pain and Suffering
Pain and suffering damages are awarded to compensate accident victims for the physical and emotional injuries they've suffered due to the accident. There are multiple forms of pain and suffering. These can include:
- Physical pain and discomfort
- Emotional distress
- Anxiety or depression
- Mental anguish
- Loss of enjoyment of life
The amount of compensation you may receive for the pain and suffering you've experienced will be influenced by the extent of physical injuries you've suffered and the potential for any future pain you're expected to experience in the future. If your injuries are minor and you recover quickly, the amount of compensation you can expect to recover will often be less than what is awarded in cases involving more severe injuries.
While it is difficult to verify the intensity of another person's pain, writing down what you feel every day as you heal from your injuries can ease the process of placing value on pain and suffering damages in your case. Additionally, to show how long your injuries might last and the effect they have on your daily life, your attorney might gather essential documents and call on medical experts to discuss your recovery timeline and the potential long-term effects of your condition.
Emotional Distress
After a bicycle crash, victims may find themselves battling anxiety, fear, PTSD, depression, or insomnia. If you're dealing with any of these symptoms after a bike accident, it can be a sign of emotional distress, and you should consider reaching out to your doctor as soon as possible.
Your physician will assess your symptoms and prepare a medical report that details the psychological and emotional challenges you're facing as a result of the accident. Obtaining medical documentation of the emotional distress you're experiencing and keeping a daily journal of your feelings during recovery can serve as valuable evidence and support your claim for compensation.
Loss of Enjoyment of Life
A bicycle accident can cause injuries that will stop you from taking part in activities you once enjoyed as a regular part of your life. Severe injuries can affect your ability to participate in sports, enjoy the outdoors, and maintain a social life.
If you can no longer enjoy your life or participate in the same activities you once did due to your injuries, you should consult with a skilled attorney to get advice on the value you should expect as compensation in your injury lawsuit.
Loss of Consortium
Loss of consortium is compensation for the loss of love, support, intimacy, and companionship you will no longer receive from your spouse or registered domestic partner following an accident. These damages are non-economic in nature and intended to compensate the spouses of victims for the following.
- Loss of financial support or earnings that would have come from the injured party;
- Loss of domestic household services that were originally performed by the injured party;
- Loss of enjoyment of sexual relations with the injured party;
- Loss of guidance and care from the injured party;
- Loss of the ability to bear children with the injured party; and
- Personal care services, like nursing or in-home care, for the injured party.
Proving a loss of consortium claim involves demonstrating that the relationship between the injured victim and their significant other has been negatively affected by the accident. Although it can be difficult to place a value on the amount of damages you've suffered, and the insurance company is likely to have a completely different estimate of what you deserve, a bicycle accident lawyer can assess the true value of your losses and work to secure just compensation on your behalf.
Wrongful Death Damages
If a loved one dies in a bicycle accident, you can seek damages on behalf of the deceased. However, only certain individuals are eligible to file a wrongful death claim.
Typically, those who might bring a wrongful death claim include:
- The surviving spouse
- The children of the deceased (including adoptive children)
- The parents of the deceased (including adoptive parents)
- The estate of the descendent
Surviving loved ones or a representative of the estate can claim wrongful death damages for:
- The cost of medical treatment (i.e., hospital stays, surgeries, medication, and any other necessary care related to their injuries) incurred before death
- Compensation for the loss of love, intimacy, and companionship experienced by the surviving spouse
- Funeral and burial costs, including ceremony fees, transportation, and any other related services.
- Compensation for the mental anguish, grief, and anxiety endured by the surviving family members following the loss of a loved one
- Loss of financial support the deceased would have provided
- Compensation for the physical pain and suffering experienced by the deceased before passing
The amount of compensation a surviving spouse or family member may receive in a wrongful death claim will depend on several factors, including the circumstances surrounding the accident and the level of negligence on the part of the at-fault driver.
Punitive damages
Punitive or exemplary damages are only awarded in cases where the negligent driver's actions were grossly negligent or intentional. The purpose of punitive damages is to punish the wrongdoer and discourage others from engaging in similar future conduct.
For example, punitive damages may be awarded in cases where a driver was intoxicated at the time of the accident or if they were engaged in reckless behavior, such as purposely swerving towards a cyclist.
A seasoned bicycle accident attorney can identify all potential avenues of compensation and fight to make sure every dollar owed to you is recovered. Don't wait—contact us to schedule your complimentary case review today and explore your recovery options.
Proving Liability in a Bicycle Accident Case
Securing compensation in a bicycle accident case requires gathering evidence to prove that another party's negligent or careless actions directly resulted in the accident and the harm you suffered. This requires establishing the following four elements of negligence.
- Duty of Care: The driver owed you a reasonable duty of care to drive safely and avoid harming others.
- Breach of Duty: The driver breached their duty by acting negligently or recklessly. For example, this could include actions like failing to yield the right of way, speeding through a red light, and violating other traffic laws.
- Causation: The driver's breach of duty directly caused your accident and injuries.
- Damages: You suffered damages, such as medical expenses, lost income, and property damage as a result of the accident.
Proving the full degree of negligence by the responsible driver requires your bicycle accident lawyer to gather eyewitness testimony, police reports, medical records, and other relevant pieces of evidence to support each element of negligence.
Bike-related injuries can have long-lasting effects on your physical, emotional, and financial well-being.
If you weren't responsible for the crash, you should not have to bear the costs of your treatment or ongoing care on your own. Call us to schedule your free consultation today, and let our team of dedicated attorneys guide you through every step of the process.
Have You Been Injured in a Crash? Speak With a Compassionate Bike Accident Attorney Today!
If you have suffered injuries due to someone else's negligence in a bicycle accident, you may have grounds to hold the responsible party accountable for both current and future losses. The right passionate and knowledgeable bicycle accident lawyers are committed to supporting you and safeguarding your best interests through every step of the process.
These attorneys work on a contingency fee basis, meaning you only pay for legal services if/until they recover compensation for your injuries. Contact a law firm near you online to schedule your free consultation now.
Steve Fields
Founder | CEO | Principal | Attorney
Steve Fields founded Fields Law in 2001 and quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares. After more than 20 years, those clients continue to refer their friends and family whenever they have been injured or become disabled.
Author's Bio