A cycling accident is a traumatic experience and can come with substantial financial implications. If you get in a bicycle accident, you need compensation for the injuries. You can lodge a compensation claim for injuries sustained following a crash caused by another party’s negligence. This could be another motorist, your bike’s manufacturer, or even a government agency (for neglecting road maintenance).
If you wonder, “How much compensation will I get for bike accident?” the following article will walk you through how to claim compensation for a cycling injury and give a rough idea of how much you could receive.
You can file a bicycle accident claim on your own if you have the necessary evidence. But having an experienced professional on your side makes the procedure smoother and more successful. A personal injury lawyer can walk you through every piece of evidence and procedural need. This removes the burden from an already traumatic situation.
Usually, insurance companies will go to any lengths to contest or deny a claim. The other parties involved may also try to hinder the process. But a personal injury attorney can ensure that you receive what you deserve.
The size of the bike accident compensation depends on the extent of the injuries. If you were involved in a high-impact accident, you might be looking at a big claim that includes many elements. Generally, the value of your claim will depend on things such as the impact of the injury on your earning capacity, current and future medical bills, and the level of your pain and suffering.
Here is an overview of personal injury damages you can apply to a serious bicycle accident claim to get a cycling injury compensation. While this is not the complete list, it gives you a basic idea of how your claim might pan out.
Soft tissue injuries resulting from bicycle accidents can be challenging to treat and may involve traumas such as torn muscles, ligaments, ruptures, and damage to tendons. In severe cases, surgery and rehabilitation may be necessary, and rest and immobilization are recommended for proper healing. These injuries can also lead to complications like myalgia and bursitis, requiring further treatment.
The compensation for cycling accidents involving soft tissue injuries varies based on the severity of the injuries and their impact on your earning ability. On average, compensation may range between $10,000 and $20,000, although it can be higher, even reaching hundreds of thousands of dollars for severe injuries. However, it's crucial to secure legal representation as insurance companies often provide low initial offers, sometimes as low as $2,500 to $10,000.
The compensation amount depends on factors such as the type of fracture, length of recovery, and location of the fracture. Treatment may involve X-rays, surgery, casting, splints, or braces, resulting in associated costs. Additional expenses include hospital bills, assistive devices, and rehabilitation.
Damages must also consider the wages or income lost during hospitalization and recovery. If complications arise, such as bone marrow infection, medical bills can increase, leading to a higher cycling compensation claim value. Settlements for bone fracture injuries can be substantial, ranging from tens of thousands to hundreds of thousands or even millions of dollars for severe damages requiring rehabilitation.
Back and neck injuries can lead to some of the highest compensation awards and settlements due to their costly medical care, slow recuperation time, and impact on a person's quality of life. Different types of injuries, such as spinal cord injuries, herniated discs, fractures, whiplash injuries, torn ligaments, pinched nerves, and strains, require varying treatment requirements.
The amount spent on medical bills, rehabilitation costs, and long-term care determines damages. Recovery time and the severity of the injuries also influence the compensation claim for lost wages. Settlements for minor injuries can range in the tens of thousands of dollars, while severe injuries may result in hundreds of thousands or millions of dollars in compensation.
Brain injuries are common results of bicycle incidents and often life-altering for the victims. Traumas, such as concussions, traumatic brain injuries, skull fractures, and intracranial hematomas, have a severe impact on a person's life, affecting work, relationships, and overall quality of life. Treatment for brain injuries is intensive, involving surgery, medication, and extended periods of rest.
If you or a loved one have sustained brain injuries, pursuing compensation for damages through a bicycle injury claim is crucial. Compensation may cover current and future medical costs, lost earning capacity, and pain and suffering. Depending on the severity of the brain injuries, settlements can range from hundreds of thousands to millions of dollars. Working with a lawyer experienced in handling these cases will help ensure a fair and substantial settlement.
Wrongful death lawsuits resulting from bicycle accidents seek compensation for:
The victim’s anguish;
The tragedy of their death;
The family’s loss; and
Expenses.
If the victim was hospitalized after the accident, the settlement would include their medical costs, pain and suffering, funeral and burial expenses, plus damages suffered by close family members such as loss of parental support, lost companionship, and loss of inheritance. In rare cases where the court finds the defendant guilty of gross misconduct, it may award punitive damages in addition to the usual settlement.
The amount of compensation will, thus, vary widely, depending on individual case circumstances, such as the damages (medical costs and lost wages) the deceased incurred before death, the potential lost lifetime earnings, and the number of dependents, among other factors. This will usually range from hundreds of thousands to millions of dollars.
To successfully lodge a bicycle accident claim, you must prove that the other road user was negligent and caused your injury. You have the same legal rights and responsibilities towards motorists as a cyclist. This includes the right to compensation in the event of a road accident.
Depending on the cause of the accident and your state’s bicycle accident law, you can claim damages against the at-fault driver, bike manufacturer, or your auto insurer (for no-fault states).
Your bicycle accident claim will depend on how the accident occurred. Regardless, you should strive to take measures to support your compensation claim. There are several ways of proving what really happened at the scene, including:
Requesting copies of a dash cam or CCTV footage, if available;
Going to A & E to have your injuries checked if no one calls an ambulance;
Reporting the accident to the authorities due to aggressive driving; and
Take photographs of the accident site (this will help you identify the road layout and where your bike (and other cars) ended up).
All these steps will help you to substantiate a bicycle accident compensation claim.
Bicycle accident law protects cyclists in the event of an accident that results in injuries. If you get injured in a cycling accident, you can apply for compensation.
Besides medical costs, it is expected to cover the wage loss during hospitalization, lost earning capacity, and pain and suffering damages. If you lost a loved one through a bicycle accident caused by another party’s negligent actions, you may also be eligible for wrongful death damages.
However, with the tendency of insurance companies to offer initial lowball settlements, it’s vital to seek professional assistance from a trustworthy lawyer.