How much compensation will I get for a bike accident?
How much compensation will I get for a bike accident if the other party is responsible? Here are some of the aspects that affect the calculation of damages, such as non-economic, punitive, and economic, as well as suffering and pain.
Although every case is unique. The amount you get is contingent on your injuries as well as how long it will take to heal. Soft tissues, for instance, are less valuable than a leg that’s broken. Medical bills can also affect the amount you are able to get.
Bicycling is a well-known and environmentally friendly mode of transport that lots of people love. However, accidents with bicycles could result in injuries as well as significant financial loss.
When you and someone you care about are injured in a bike accident, it’s an overwhelming experience trying to figure out who should be responsible for the injuries. In reality one of the most frequent concerns we receive is How much compensation will I get for a bike accident?
As with other types of personal injuries and accidents like other personal injury and accidents, the compensation you receive can vary dramatically from case to case. It is all dependent on the circumstances that led to your accident as well as the severity of your injuries and who is at fault.
The nature, outcome, and severity of these elements will determine the amount in an insurance case or judgment. Bicycle settlements for accidents can be as low as $10,000 and up to a few million dollars.
In the article, we’ll examine the elements that affect compensation amounts and also address frequently asked questions regarding bike accident claims.
Potential Recoverable Damages In A Bicycle Accident
One of the most important elements that determine the worth of your claims is the damages. Damages are a reference to your injuries as well as other losses you are looking for compensation to cover in the claim. If you are involved in a crash on the bike the damages may include:
- Transport for Ambulances;
- Hospital costs;
- Diagnostic tests;
- Prescription medications;
- Medical equipment, such as crutches;
- Medical follow-up;
- At-home care;
- Property damage, for example, your bicycle and other equipment;
- Lonely wages;
- The loss of earnings capacity
- Physical pain and suffering
- Emotional distress;
- Loss of consortium
- Inability to enjoy;
- Scarring, for example;
- Disability; and
- Wrongful death.
In certain circumstances, you may be able to seek punitive damages. Damages for punitive purposes are available only in instances in which the actions of the defendant were in the most serious way or were intentional like drinking or driving.
The amount you pay will be determined by the extent of your injuries as well as the length of your treatment. If you suffered soft tissue injuries that fully recovered within several months, your value is less than those who suffered severe leg injuries and are unable to walk again without discomfort.
Factors Affecting Compensation Amounts
The safety of cyclists is such an issue so theSan Diego County Bike Coalitionhas recently launched the first project to track cyclist and pedestrian incidents in San Diego in real time. The goal of the project is to bring awareness to the thousands of bicycle accidents that are not reported or do not receive the attention they deserve since they don’t cause deaths and “serious injury.”
If you’ve been in a bike accident Your first step should be seeking medical treatment, but what happens after that? When you’re facing a lengthy recovery time and financial burden you will likely be dominated by questions such as how do I pay for my medical expenses and other expenses if I’m not able to work? How much compensation will I get for a bike accident?
Here’s what you need to be aware of regarding bicycle accident claims in California including the amount of compensation for a bicycle accident and the kinds of compensation which are possible.
Factors Affecting Cyclist Accident Compensation
Each bike accident claim is different, making it impossible to utilize a bicycle accident settlement calculator to calculate the amount you will be able to claim. When you’re a cyclist struck by a vehicle, compensation will be based on your economic (financial) losses as well as non-financial losses. Other factors are a major factor in the amount you could get from a bicycle crash claim.
Here are the main elements that affect California bike accident settlements.
If you sustain serious injuries, your present and anticipated medical bills are likely to be a significant portion of the cost of cycling injury compensation. You are entitled to receive all the cost of medical treatment you require from the responsible party, which includes:
Rehabilitation and physical therapy
It’s not unusual for medical costs alone to be more than $100,000, or even more than $1 million following a vehicle crash involving a bicycle.
The bicycle-car accident claim may include any loss of income as a result of the accident. You’re entitled to not only the loss of earnings from days that you were forced to leave work but also reduced or lost earning capacity if disabled and lost the benefits of working.
Other Financial Losses
Other financial losses directly associated with your accident may be included in the compensation. It could include, for instance, the home care worker or housekeeping service, child care transport costs damages to property, as well as needed home modifications.
Pain and Suffering & Other Non-Economic Losses
The above-mentioned damages can be measured, even if they require careful calculation and analysis in order to estimate future costs. Also, you have the right to seek compensation for non-economic losses that are extremely personal and difficult to quantify. They compensate you for physical and emotional trauma, mental stress, or disfigurement.
In the event of injuries, the non-economic damage could be the biggest part of your bicycle accident compensation.
Comparative Fault: Who Is At Fault For The Accident?
Another element that could affect the amount of compensation is the person who was at fault for the crash. California is referred to as a state that is purely comparative negligence.
This means that even if someone is partly responsible for an accident, they may be able to recover damages. However, your compensation is reduced by the amount of fault you have.
After your damages total are estimated, an important factor to be taken into consideration when calculating your damages: is whether you are a party to any responsibility or blame in the crash. California is a strict negligent state. That means you may receive compensation even if you are partially responsible for the crash however, your bike accident insurance payout, settlement, or the jury’s settlement will reduce according to the percentage of fault you share.
If your bicycle crash claim has a value of $400,000, and a court determines that you were not responsible in any way for the cause of the accident you are entitled to the entire amount. If you’re found 25% at fault as an example your claim is cut by 25%, resulting in a settlement of $300,000.
No matter the size of your losses or the amount the jury decides to award the party at fault to pay the amount, your recovery will be limited by the at-fault driver’s insurance policy limits as well as assets.
The majority of California bicycle accident cases include an individual as well as their own vehicle insurance. Unfortunately, around16 percent of driversin California don’t have auto insurance, more than that of the nation’s average. Sometimes, drivers unintentionally let their insurance policy expire because of negligence, the vast majority of drivers who are not insured have less assets and incomes than insured motorists.
If the driver is insured it is likely that they only have the minimum liability insurance of 15/30/5 which will pay up to $15,000 in bodily injury per person. up to $30,000 for bodily injury per accident plus up to $5,000 for damage to property. This insurance is typically not enough for anything other than minor accidents with no significant injury.
If the driver who is at fault for your accident has no insurance or their policy doesn’t fully cover the damages you suffered then you might not be able to claim damages, regardless of what the verdict of a jury gives you.
Bicycle accidents involving municipal authorities, commercial truck riders, municipalities, rideshare drivers, as well as motorists on the road during the incident generally have access to more extensive commercial liability limits. Commercial insurance policies generally have limits that are extremely high and can be enough to cover the cost of damages that exceed one million dollars.
The best way to protect yourself against this is by carrying your own uninsured/underinsured motorist (UM/UIM) coverage. The UM/UIM coverage on your auto policy will protect you in the event of an accident involving a car or bike by covering your losses and the gap between the at-fault driver’s insurance limit and the loss you incur. The UM/UIM coverage can be very cost-effective – cyclists are advised to carry a high limit because of the potential for serious injuries if they are involved in an accident.
Determining The Value Of Your Bicycle
The worth of a bicycle in an accident is different from vehicles, or even in calculating your medical expenses.
There’s no quick and easy method to estimate the value of your bicycle. If you’ve made substantial changes or own a bike that has been discontinued is more difficult to determine an estimate. Different bikes are not identical, clearly.
The benefit of a cruiser on the beach will differ significantly from the value of a custom-designed racing bike.
Performance bicycles may have many options for accessories that could add up quickly in case of damage, such as onboard computers, premium bags, specialized tires, and more.
In the event that you’ve got receipts from all the items you bought, they can be very useful. Maybe the store or repair shop could have documentation of the work that was done as well as purchases that you have made.
Following the incident, make certain to record photographs of your bike as well as the damage. Also, take photos of your injuries on the scene, if you are able to comfortably do so without injury to yourself.
It is essential to obtain several estimates of the cost of repairs for your bicycle. There is a chance that you’ll receive a variety of estimates that can aid your lawyer in putting together an official demand amount to the insurance of the other party.
California Bicycle Accident Settlement Vs Jury Verdicts
Another crucial thing to be aware of concerning cyclists injured by car compensation is the distinction between an agreement and a verdict.
Settlements are an agreement that is private between the person who is the claimant as well as the company that insures them or another third party. Settlements can be reached and receive the bike accident insurance payout without having to file a lawsuit, or at any time after having sued the driver at fault until a decision is reached. When a fair and reasonable agreement isn’t able to be reached then the case could go to trial, and a jury will decide to award, to the plaintiff or the defendant the respective share of responsibility, as well as the total amount of damages.
The majority of bike accident claims in California are settled. Bike settlements for accidents are not publicly available. Therefore, it is impossible to provide an average amount for settlements in bike accident cases. Verdicts however are public documents.
It’s a popular belief that jury verdicts will always lead to higher compensation. It’s not true. Even if a jury’s verdict is greater than a settlement agreement, a trial could take years to complete and could be very costly, which could reduce the actual amount of compensation for the victim. The verdicts of juries can be unpredictable. It is possible to decline an offer to settle and proceed to trial, only to get an affirmative verdict for the defendant, which means the jury chose to support the defendant.
Cycling Accident Compensation| How Much Compensation Will I Get For A Bike Accident?
Since cycling accident compensation that is paid out through settlement isn’t public record, the typical collision with a car on a bike settlement cannot be identified. Knowing the bicycle accident settlement amounts as well as jury verdicts in other cases isn’t helpful and does not provide information on what you could have the right to receive.
Bicycle accidents must be evaluated individually taking into consideration the distinct factors that make up the specific case. It will be difficult to prove fault? This could make the case less persuasive. Did the cyclist suffer a serious or permanent injury? This usually adds value to the case. What was the cause of the crash? Did the cyclist have a role in the accident? Is the jury likely to be willing to be sympathetic to the cyclist? These are just a few of the questions that need to be addressed.
Based on the various specific circumstances in the case, a bike accident claim can range between several thousand dollars to more than $1 million.
Bicycle Car Accident Compensation Statistics
If you’re interested in knowing typical verdicts as well as instances of settlements in bicycle accident sums, the information available is.
As per Jury Verdict Research, the average California personal injury verdict was $1.81 million in 2020. But the median California injury verdict was $114,000. It’s only a tiny amount of extremely high-value jury verdicts to make the average substantially higher.
Cases involving neck and back strains result in an average verdict of $11,000 whereas cases involving disc injuries are a case with an average verdict of $85,000. California head injuries have the median decision in the amount of $1.595 million.
All over the country, plaintiffs are awarded compensation on average 50 percent of cases that go to trial however, the percentage is higher when it comes to car accident injuries where plaintiffs win 66% of the time. This includes bike accidents, motorcycle accidents, and truck-related accidents.
These are California cyclist injury compensation examples.
- $2.8 million in settlement was paid to the San Diego bicyclist from the City of San Diego, a landscaping professional, and arborist in 2021 after a bike accident caused by uneven pavement in the bicycle lane. The cyclist was struck by head injury as well as fractures which made him unable to work and unable to enjoy the sport of skiing and surfing.
- $4.85 million settlement was paid in settlement by the City of San Diego in 2017 to a cyclist who sustained brain and spinal injuries following an accident caused by a broken sidewalk.
- $9.1 million has been awarded as a juror verdict against the city of Los Angeles and Caltrans for a man who sustained brain injury after the result of a bicycle crash on PCH because of debris.
- A $1.3 million juror decision in favor of Sonoma County was awarded to a cyclist in the year 2020 who sustained serious injuries in a crash on his bike that was caused by a pothole.
- $150,000 hit by a vehicle in a bike settlement reached through Berman & Riedel for a 22-year-old SDSU student who sustained an injury to his knee and paid $22,000 in medical bills following being hit by an elderly driver who was crossing a bike lane designated.
As you will see, the most expensive bicycle accident settlements and verdicts usually include lawsuits against state agencies, as well as large corporations.