Bicycle accident injuries are often serious, leading to permanent disabilities, disfigurement, and death. If you suffered injuries in a bike accident, how do you seek compensation for your medical bills, lost wages, and pain and suffering? There are many things you should know before pursuing a bicycle accident settlement with the negligent driver or their insurance company.
Read more below about how to calculate a fair settlement and what kinds of compensation you can seek from your bicycle accident injury claim.
Bicycle riders are at a much higher risk of severe injuries in a bike crash with a motor vehicle than vehicle occupants. A bicycle rider in a collision with a car or truck may sustain serious injuries, including:
An experienced lawyer in bicycle accident cases can help you determine how much compensation to pursue for your injuries in your personal injury claim. It’s important to know how much your case is worth early in your claim so you don’t accept the first settlement the insurer offers.
You can pursue two types of compensation in your bike accident case: economic and non-economic damages. Economic damages include medical bills, lost wages, transportation costs to attend appointments, physical therapy, and other medical expenses associated with treating your injuries.
Medical treatment isn’t the only area where you can recover damages. An injured cyclist may also pursue non-economic damages. These can include additional compensation for pain and suffering, emotional distress, loss of enjoyment of life, or loss of consortium. Because these have intangible value, you should work closely with your bicycle accident attorney to determine fair compensation for these items.
In rare cases, you may also wish to seek punitive damages against the at-fault driver. Punitive damages are additional damages that a particularly reckless or malicious driver must pay as punishment for their actions.
Settlements for bike accidents may include compensation for:
Bicycle accident settlements vary from case to case. Your claim compensation depends on many factors, including:
There isn’t a bicycle accident settlement calculator. Personal injury attorneys use their experience with bicycle accident settlements issued in similar cases to determine the settlement to pursue in your personal injury lawsuit.
The average settlement for a bicycle accident case also varies between bicycle accident lawyers. An experienced personal injury attorney knows what to look for in a bicycle accident claim to help the insurance company decide that a settlement is more appropriate than a drawn-out car accident case in court.
If you lost a loved one in a bicycle accident, you may be able to file a wrongful death claim for the decedent if you were their:
As in a bicycle accident claim, you would need to prove negligence by the at-fault driver that led to your loved one’s death. An experienced attorney can help you file your claim within the two-year statute of limitations in California.
In many bicycle accident claims, the insurance company will attempt to deny or underpay your claim. By having a skilled personal injury attorney on your side from the beginning, you have a better chance of gaining fair compensation for your injuries and other damages.
If the at-fault driver’s policy limits don’t cover your full medical expenses and related costs, you may have to file a lawsuit to bring your bicycle accident claim before the Orange County courts.
Your personal injury lawyer will help you build your case in several steps, including:
Insurance adjusters look for any reason possible to devalue a claim. Speaking to any insurance company representative on your own could lead you to accidentally incriminate yourself for some part in the accident. By allowing your attorney to speak with the adjuster for you, you reduce your risk of harming your claim.
Your attorney can also explain California’s pure comparative negligence laws, which can affect your final compensation based on whether you shared fault with the driver. For example, if you were 20% at fault for your injuries because you weren’t wearing a helmet, you could still recover 80% of the final award amount.
At Khalil Law Group, we’re the bike accident lawyers to turn to in Orange County, CA. We’ve represented clients in personal injury cases for car accidents, bike crashes, employee injuries, and more. We know how to deal with insurance companies for personal injury law and can help you seek a fair bike accident settlement.
For help with your bicycle injury claim, call us at Khalil Law Group at (714) 617-7870 or contact us online to schedule your consultation.