Bicycle accidents are often traumatic, leaving victims with mental trauma and physical injuries that can be difficult to recover from. In many cases, a bicycle accident case is settled out of court since the liable party has a vested interest in keeping the case from going to trial.
That’s why having a legal team good at investigating and negotiating settlements can make a big difference in the amount you can collect in compensation.
At Rosenfeld Injury Lawyers, we work with bicycle accident victims who want to take legal action. Whether your case goes to trial or you are interested in negotiating a settlement, our legal team has the expertise and skills needed to obtain the most compensation possible.
Average Bicycle Accident Settlement in the United States
There is no average amount for a bicycle accident settlement in the United States, as every case differs. Some instances have insurance policy maximums from the drivers involved, whereas others involve bicycle manufacturers.
A less catastrophic accident could settle for around $10,000, whereas you could see well over $100,000 for more serious injuries. Some examples of bicycle accident settlements include:
- A jury awarded $9.1 million to a bicycle accident victim who was left partially brain-damaged [1]Â
- The City of San Diego paid out $4.85 million for an accident caused by uneven pavement [2]Â
- A man hurt in an accident caused by pavement broken by a tree was awarded $1.75 million [3]
Rosenfeld Injury Lawyers has a long history of working on bicycle accident lawsuits like yours. Let us review your case to see if you have a viable bicycle accident lawsuit and help you determine what to do next.
UM settlement for a cycling head injury
For a dooring bike accident
A truck’s right turn into a cyclist’s path
Cyclist rear-ended at a traffic light
Maximum insurance policy recovery
Cyclist struck in a hit-and-run
Calculating Settlements for Bicycle Accidents
While bike accidents can be similar, no two bike accidents are exactly the same, and neither are the claims filed in each case. This makes it impossible to give you an exact estimate of the amount of compensation that you can receive if you win your case or negotiate a settlement. It is possible to give you an idea based on settlements from similar cases.
The amount of compensation is based on the claims you file. Every case includes different values for different claims, making up much of the difference between case settlement amounts.
You can estimate the compensation by adding up the amount of your claims. This will give you a good idea of the usual maximum compensation amount. However, you may receive more or less based on the rulings in the case or negotiations.
Types of Damages Available to Bicycle Accident Victims
In a bicycle accident case, you can claim several types of damages: economic and non-economic. The types of claims filed will change based on the injuries and costs a bicycle rider suffers. The claims you file will also impact your bicycle accident settlement since settlement negotiations are often based on case filings.
Economic Damages
Economic damages are any claims with a fixed amount of money attached. Common examples of this include:
- Medical bills
- Bills to repair dental injuries
- Mental health treatment bills
- Lost wages
- Physical therapy costs
- Property replacement costs
When your lawyer files the claim, they enter a specific amount for each type of damage along with evidence that you needed to pay for those claims. For example, your lawyer can submit a claim for the cost of replacing your bike, which could be the value of a new version of the same bike.
Non-Economic Damages
Non-economic damages are the costs of your bike accident recovery that do not have fixed costs. Anything where the actual cost is hard to determine is often grouped into this category.
For example, the cost of physical therapy or future medical expenses can be hard to predict since you may need those services for an unknown amount of time. Instead, your lawyer can ask for a specific amount based on an estimate of how much you might need.
The most well-known form of non-economic damages is claims for pain and suffering. These claims try to measure the mental and emotional impact on the victim and their families and assign a value accordingly. Winning a pain and suffering claim can significantly increase the amount of compensation you recover.
Punitive Damages
Punitive damages are awarded in a bicycle accident case when the liable party acted in a way that the judge believes requires additional punishment. The amount of punitive damages is entirely up to the judge, but the idea is to punish the party so they will make different choices in the future.
Wrongful Death Cases
If your loved one dies in a bicycle accident, certain family members may be able to file a lawsuit on their behalf. The spouse, dependent children, or dependent parents of the victim can file a civil lawsuit to recover compensation.
In a wrongful death case, the claims are focused on the final costs of the victim as well as the impact on the remaining family members. For example, the wife of a deceased rider can sue for loss of income or loss of marital benefits to help pay for expenses going forward. Alternatively, they can also sue for funeral costs and other final expenses.
Will I Be Offered a Settlement?
If you file a case with the court, you may be offered a bicycle accident settlement. If you file with the court, it could come from the other party, but you may be offered a settlement from their insurance company even if you don’t file anything. Insurance companies are always interested in keeping cases out of court whenever possible as they can avoid higher costs this way.
Before you accept any settlement offers, discuss them with a bicycle accident lawyer. Insurance companies and opposing lawyers try to offer less compensation when offering settlement offers. Your lawyer can ensure you are being offered a fair settlement with enough to cover your damages to prevent you from being taken advantage of.
Alternatively, your lawyer can negotiate with the insurance company and other parties. When you have serious injuries that you are focused on recovering from, having someone on your side to handle the stressful parts of the legal process can be a major benefit. This works even if you are dealing with your own insurance company, which may not act in your best interests when filing an insurance claim.
Steps to Take After a Bicycle Crash
If you have been involved in a bike crash, the first and most important step to take is to seek immediate medical attention. In most cases, this involves calling 9-1-1 to send an ambulance and a police officer to the accident scene. It’s important to do this even if you don’t think you have severe injuries. The police report and medical records generated will be important pieces of evidence for your potential case for compensation in civil court.
If you are safely able to do so, it is a good idea to take photos of your injuries and the accident scene using your smartphone. Document any damage to vehicles and your bike. This can be important later.
After seeking medical care, contact a bicycle accident attorney to discuss your legal rights moving forward. You could be able to file a claim to seek compensation from the at fault driver for your losses. Depending on the insurance coverage involved, your lawyer can negotiate with the other party’s insurance company to recover damages and file a civil lawsuit in the appropriate court.
Consult Our Bicycle Accident Lawyers!
Bicycle crashes can be devastating for victims and their families. However, you may have legal options to help you recover. You may be able to file a bicycle injury claim and collect compensation to pay for your damages. That way, things like medical costs, replacing property, and getting the long-term care that you need won’t hurt your finances quite as badly over the long term.
To know if you have a viable case or if you are being offered a fair settlement, discuss your case with a bicycle accident lawyer. Contact Rosenfeld Injury Lawyers for a free consultation by filling out our contact form or calling toll-free at (888) 424-5757.
Resources: [1] Los Angeles Times; [2] NBC San Diego; [3] The San Diego Union-Tribune