When a driver hits a bicyclist, the results can be catastrophic. In most collisions, the bicyclist cannot withstand a vehicle’s force upon impact.
The result is a damaged bicycle and severe and sometimes fatal injuries to the bicyclist.
If you or someone you know suffered injuries in a bicycle accident, you deserve to recover compensation from the at-fault driver.
Today we will discuss bicycle accidents, including settlement factors, what to do after a collision, and how an attorney can help you.
Is There an Average Settlement for a Bicycle Accident?
No average settlement for a bicycle accident exists because each bicycle accident has unique facts and circumstances that can greatly impact any settlement offer.
A simple bicycle accident settlement calculator does not exist to assess what your case is worth. However, various common factors affect every bicycle accident settlement in California.
Severity of Injury
Generally, the more severe your injuries, the larger your settlement will be. Due to the disparity of weight and force between a bicycle and a car, many of these accidents result in catastrophic injuries for the bicyclist.
A medical diagnosis that results in lengthy hospital stays, prolonged medical treatment, and the need for lifelong physical care garners larger settlement awards.
Determination of Liability
A clear determination of fault on the driver’s part also positively impacts a bicycle accident settlement in California. California operates under the rule of comparative fault in personal injury accidents.
Under this rule, your potential recovery is reduced by the degree to which you contributed to the accident. So, for instance, if you are deemed 30% at fault, you will likely be able to recover 70% of your damages.
Insurance Coverage
California law requires all drivers to carry minimum liability insurance so expenses can be covered in the event of an accident.
In cases where an at-fault driver has only the minimum coverage, many injured victims find that this barely taps the surface of their total losses.
In these situations, your compensation may be limited, and an attorney may advise you to pursue a personal injury case directly against the at-fault driver.
Economic Damages
Medical expenses resulting from a bicycle accident are a primary factor impacting bicycle accident settlement payouts.
Broken bones, brain injuries, internal bleeding, and other injuries result in substantial medical expenses, physical therapy, and other treatment. Bicycle accident injuries might also prevent you from working your current job.
These lost wages and loss of future earnings are recoverable against the at-fault party but require the help of an experienced attorney to calculate properly.
Non-Economic Damages
Non-economic damages encompass the physical and emotional toll your injuries have on your quality of life.
These losses are not financial, but they cover limitations and emotional pain that you now must alter your life to accommodate. But because these damages do not come with receipts, you will need an attorney to assess their value.
What to Do After a Bike Accident
After a bicycle accident, your adrenaline may surge, and you may find it difficult to remember the proper steps to take to protect your rights and safety.
Nevertheless, let’s look at some steps you can take to assist in building a solid case for compensation.
Move to Safety
Your priority after a collision is moving out of harm’s way. If you can, move yourself and your bicycle away from potential hazards.
If you cannot move, wait until emergency medical personnel arrive to assist you.
Get Medical Attention
Seek medical attention right away. After a bicycle accident, most injuries are immediately apparent. However, some injuries may not be immediately obvious. Delaying medical treatment may cause more permanent damage and make it difficult for you to get compensation.
Call the Police
Call the police so a law enforcement officer can document the accident. A police accident report is a helpful piece of evidence used by insurance companies and your attorney to obtain fact-based information about your crash.
Gather Evidence
If you can do so safely, collect evidence at the scene. Evidence includes photographs of your bicycle, injuries, and the vehicle that hit you. You should also take photos of the street or intersection where the accident occurred.
Exchange Information
Get the name, contact details, and insurance information from the driver that hit you. If any witnesses saw what happened, get their contact information if you can. Your attorney may contact these witnesses to fill in details you may have forgotten or missed.
Contact a Bicycle Accident Lawyer in California
A lawyer understands this complex area of personal injury law and works hard to gather evidence, negotiate, and pursue a favorable settlement on your behalf. If settlement discussions fail, your attorney prepares your case for trial before the judge and jury.
Contact Us
At the Law Office of Chuck Geerhart, you receive the personal attention and exceptional results you deserve after suffering injuries in an accident.
Our legal team has decades of experience representing personal injury victims in all personal injury cases. We protect your rights, provide exceptional service, and customize legal strategies to fit your needs.
We offer a free consultation and case evaluation, so contact the Law Office of Chuck Geerhart today to find out how we can help you!