Bicycle accidents can lead to serious injuries and a significant financial burden for victims. Financially, victims may struggle to afford necessary medical treatments and everyday expenses, especially if they need to take time away from work.
If you’ve been involved in a bicycle accident, you’re likely wondering how much your case is worth. While each bicycle accident case is unique, the value of a case can depend on numerous factors, including the causes of the accident, the severity of the injuries, and the available insurance coverage.
Do not wait to consult San Antonio bicycle accident lawyer when you’re hurt in a bike crash. A personal injury lawyer can provide personalized guidance and help you understand the value of your claim.
What Causes Bike Accidents?
Understanding the causes of bicycle accidents is one of the keys to evaluating a case. Bicycle accidents can occur for various reasons, and identifying the cause is vital to determining liability. Some of the most common causes of bicycle accidents include:
Driver Negligence
Drivers have a duty to drive safely in an effort to keep themselves and others free from danger. Unfortunately, when motorists engage in dangerous driving behaviors, they are more likely to cause accidents, especially with cyclists. Some of these behaviors include:
- Failure to yield or stop: One of the most common causes of bicycle accidents is when a driver fails to yield the right of way to a cyclist. Drivers making turns, especially left turns at intersections, may not see an approaching cyclist and turn directly into their path.
- Speeding: When motorists are driving above the speed limit, they have less time to react to cyclists, making it more likely that a crash will occur.
- Distracted driving: Drivers texting, talking on the phone, or engaging in other distractions often fail to notice cyclists, leading to accidents. Inattention to the road is one of the leading causes of vehicular crashes.
- Reckless driving: Aggressive driving, such as cutting off cyclists, tailgating, or failing to signal before changing lanes, can lead to accidents. Drivers may also not give enough space when passing a cyclist, resulting in collisions.
- Driving under the influence: Alcohol and drug-impaired drivers pose a significant risk to cyclists. Impaired drivers have slower reaction times and decreased awareness, making them more likely to cause accidents.
When a driver engages in risky activities and causes a collision with a cyclist, they can be held liable for the cyclist’s injuries and losses.
Additionally, if the driver was working at the time of the crash (for example, a delivery driver), their employer can share liability for the accident. This is what is known as vicarious liability, which comes into play when an employee hurts others while on the job.
Road Hazards
Road hazards pose a significant risk for bike riders. These dangers can include:
- Potholes and uneven surfaces: Potholes, cracks, and bumps in the road can cause cyclists to lose control, especially at higher speeds. They might be thrown off balance or crash if they can’t avoid a pothole in time.
- Gravel and debris: Loose gravel, rocks, sand, and other debris on the road can cause a cyclist to lose traction, leading to a fall or crash. Gravel can be particularly dangerous on turns or downhill sections.
- Grates and storm drains: Improperly placed metal storm drains, sewer covers, or drainage grates can be slippery or have gaps wide enough to catch a bicycle tire, causing a sudden stop or fall.
- Poorly marked or non-existent bike lanes: Roads that lack bike lanes or share lanes with motor vehicles are dangerous for cyclists. The lack of visibility or clear separation can make cyclists more vulnerable to car collisions.
It can be challenging for cyclists to maintain balance and control their bikes, especially when road hazards are present. Dangers on the road can cause cyclists to fall, get thrown off their bikes, or collide with others.
Governmental entities and local municipalities in charge of road maintenance and repairs can be at fault for road hazard accidents. It is worth noting that cases involving the government are unique, so it is essential to have proper legal representation to ensure your case is managed correctly.
Poor Weather Conditions
Weather-related hazards such as heavy rain, snow, or fog can obscure vision, reduce traction, and make riding more challenging. Wind can also be a factor, pushing cyclists off course or into traffic.
Unfortunately, bad weather is not always avoidable; sometimes, poor weather conditions come out of nowhere. Drivers are expected to shift their driving techniques to accommodate for such weather, and when they don’t, they make an already tough situation harder for cyclists, putting them even more at risk. Motorists may be liable for accidents with cyclists during inclement weather.
Dangerous Road Construction
Construction zones often pose numerous hazards, such as loose gravel, rocky, uneven surfaces, narrow lanes, and workers or equipment obstructing bike lanes. When construction zones are not properly marked, bicyclists are more likely to ride through without realizing the dangers ahead, resulting in accidents.
Depending on the situation, construction companies, site owners, and other parties responsible for road construction can be liable for bike accidents.
Is a Bicycle Accident Victim Entitled to Compensation?
You may be entitled to compensation if you are hurt in a bicycle accident caused by a third party’s negligent or intentional actions. Securing financial recovery can help ensure you can afford medical treatments and adequately support yourself and your family, even if you’re required to take time off work to recover.
After a bicycle accident, consult with a personal injury attorney as quickly as possible. Lawyers with experience handling bike accident cases can determine the cause of your accident, establish liability, calculate your damages, and protect your best interests as they pursue monetary recovery on your behalf.
Pursuing Compensation: Claims vs. Lawsuits
After a bicycle accident, you may have options to seek financial recovery. Typically, pursuing compensation involves two main avenues: an insurance claim or a lawsuit.
Insurance Claims
When you’re involved in an accident with another driver, you may have the opportunity to file an insurance claim.
If your accident happens in a fault state, you can file a third-party claim against the at-fault driver’s insurance. Alternatively, in states with no-fault insurance rules, you can file a claim through your personal injury protection (PIP) insurance to recover damages. Should the at-fault driver have insufficient or no insurance, you can file a claim under your uninsured motorist policy, if applicable.
When you file a claim, the insurance company investigates the accident to determine whether they want to approve or deny the claim. When the claim is approved, they’ll provide a settlement offer to close out your claim. Your bicycle accident lawyer may need to negotiate a better payout based on the offer.
Lawsuits
A lawsuit may be necessary if the insurance company refuses to settle your claim fairly or if the case involves complicated liability issues.
A personal injury lawsuit involves the courts in your dispute. A majority of personal injury cases are settled outside of court, but if a just settlement is not possible, your bicycle accident attorney can take the case to trial and present it before a judge.
Is there an “Average” Value of Bike Accident Claims?
When you’re faced with financial troubles after a bicycle accident, it’s normal to want to know how much you can expect to receive from your case. However, because every case is unique and details differ significantly, bicycle accident claims have no average value.
When you’re interested to know how much compensation you can pursue, your personal injury lawyer can provide insight. Based on the specifics of your case, they can determine what damages you’re eligible to receive and how much your case is worth. This information can help you understand what to expect and help you feel more confident when moving forward with your case.
Types of Damages a Bicycle Accident Victim Can Pursue
In a bicycle accident claim, you can pursue compensation for several types of damages, depending on the details of your accident and injuries. These damages fall into two main categories: economic and non-economic damages.
Economic Damages
Economic damages help cover the financial losses you experience from your bike crash. They include:
- Medical bills
- Lost earnings
- Loss of earning capacity
- Property damage
Typically, strong evidence is readily available for these tangible damages. Your bicycle accident lawyer can gather evidence and calculate the value of these losses.
Non-Economic Damages
Non-economic damages differ from economic damages, as they help cover your intangible losses, such as:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Scarring and disfigurement
- Disability
These damages are more subjective. Certain formulas are used to calculate non-economic damages; evidence and documentation can help prove your losses.
Punitive Damages
While not all cases qualify for punitive damages, some do. In cases where the defendant’s conduct was particularly reckless, such as drunk driving or gross negligence, punitive damages may be awarded as a form of punishment and to deter future misconduct.
Factors that Impact How Much a Bicycle Accident Case is Worth
Several key factors influence how much a bicycle accident case is worth. These details can significantly help your bicycle accident lawyer assign a monetary value to your case. Below are some of the most critical elements to consider when evaluating the worth of a bicycle accident claim:
The Severity of Injuries
First and foremost, you need to consider the severity of your injuries. Generally, the more severe the injuries, the more medical treatment and recovery time you’ll need, which can mean a higher financial need.
Serious injuries such as spinal cord damage, traumatic brain injuries (TBI), or permanent disabilities can drastically raise the value of a case. Victims of severe injuries often require lifelong medical care, rehabilitation, and assistance with daily activities, all of which increase the overall value of the claim.
In the unfortunate event that the cyclist dies due to the accident, the case may lead to a wrongful death claim, which can result in substantial compensation for the victim’s family.
Medical Treatment and Prognosis
The more extensive and prolonged the medical treatment, the higher the compensation. Ongoing medical care for serious injuries can increase a case’s value.
If the injury results in a permanent disability or chronic pain, the case value can be significantly higher, as you may face long-term financial and personal impacts.
Lost Earning and Earning Capacity
If the accident causes you to miss work for a period, you may be entitled to compensation for your lost earnings. It can include past and future earnings lost due to time off work.
In cases where a victim can no longer work at their previous job or in their chosen career due to permanent disability, compensation for reduced earning capacity may be awarded.
Pain and Suffering
Bicycle accident victims often experience significant physical pain, which can be factored into the compensation calculation. Additionally, Anxiety, depression, and post-traumatic stress disorder (PTSD) following a serious bicycle accident are common, and the emotional impact of the accident can also increase the case value.
Insurance Coverage
One detail that is often overlooked is insurance policy limits. The amount of insurance coverage available can significantly impact the amount of compensation you may receive.
Insurance companies cannot pay out more than what is available through an insurance policy. So, for example, if the at-fault party’s insurance is capped at $100,000, that’s as much as you can receive. You may need to explore additional options if your damages exceed policy limits.
After a Bicycle Accident, Take Action and Seek Legal Guidance
The value of a bicycle accident case depends on various factors, from the severity of your injuries to mental and emotional impacts. It is essential to establish key details of a bicycle accident case, like cause and liability, and properly calculate damages to put you in a more favorable position to secure full and fair financial recovery.
If you’ve suffered an injury in a bicycle accident, seeking legal assistance can help you navigate the complex processes of insurance claims and lawsuits. A qualified personal injury attorney in San Antonio has the knowledge, skills, and experience to assign a monetary value to your claim, protect your best interests, and aggressively pursue compensation.
