Bicycle Accident Injury Compensation Calculator
Use this free settlement calculator tool to learn how much your bicycle accident injury case could be worth.
Bicycle accidents and injury compensation claims – what you need to know
There are few things more traumatic than being out on your bicycle for an enjoyable afternoon ride, or perhaps commuting to work, and then you suddenly find yourself hit by a vehicle, banged up and perhaps worse on the side of the road.
Unfortunately, this is a reality that thousands of bicyclists experience on a regular basis, and criminal prosecution of negligent drivers is rare. A competent attorney can help you obtain the financial settlement you deserve if you’ve been the victim of a bicycle accident.
I got hit by a car on my bicycle. What legal actions can I take?
Have you just been involved in a bicycle accident? If so, you probably have some degree of injuries or fear you will have more in the future. If you’ve been struck by a vehicle, most states have auto insurance laws that establish a fault-based system and require a certain about of liability insurance. Sometimes, the driver’s insurance company will pay your bills promptly and compensate you quickly, although it’s still advisable to seek a consultation with a lawyer to make sure that compensation amount is fair. Accepting a compensation amount from an insurer usually comes with a promise to not take any further legal action on the claim.
If an insurer refuses to settle, then a lawyer fighting on your behalf can sue, and work to obtain a settlement from the auto insurance company of the defendant who struck you. A licensed attorney in your state can give you the best possible advice on what your steps should be for your bicycle accident. Our bicycle injury calculator can give your conversation with an attorney a starting place for getting the financial justice you deserve.
Taking Action Against A Negligent Motorist
Usually, a lawsuit is not required to be filed against a driver the motorist who caused your bicycle accident. The insurance company will often offer a settlement during settlement negotiations. This is a complex process that involves:
- Investigating the crash, such as when and where it took place, and if laws were broken
- Collecting available evidence, such as eyewitness statements and traffic camera videos
- Proving the vehicle’s driver acted with negligence or malice
- Tying your injuries to the crash
- Calculating the full value of your pain, suffering, medical bills and other damages
- Approaching the motorist’s insurance company with a solid case and demand for fair compensation
- Negotiating a settlement with the driver’s insurance company
In the case that an insurance company won’t offer a fair settlement, a civil suit is your next step, which can often bring the insurer back to the table for more negotiations. If that fails, then the case would go to trial.
Bicycle accident injuries
Because cylicsts have little protection other than a helmet, injuries can be severe and long-lasting, with enormous medical bills. Injuries suffered from a bicycle accident can include:
- Broken bones
- Back injuries
- Facial damage
- Traumatic brain injuries
- Spinal cord injuries
- Psychological conditions, such as PTSD
Do your best to decrease your risk of crashes
There are two main types of crashes: the most common (falls), and the most serious (the ones with cars). Regardless of the reason for the crash, prevention is the name of the game. There are things you can do to decrease your risk of a crash. First, know some bicycle safety facts:
- Regardless of the season, bicyclist deaths occurred most often between 6 p.m. and 9 p.m.
- Bicyclist deaths occur most often in urban areas (75%) compared to rural areas (25%) in 2017.
- Bicyclist deaths were 8 times higher for males than females in 2017.
- Alcohol was involved in 37% of all fatal bicyclist crashes in 2017.
All states require bicyclists on the roadway to follow the same rules and responsibilities as motorists.
Ride defensively – focused and alert
Be focused and alert to the road and all traffic around you; anticipate what others may do, before they do it. This is defensive driving – the quicker you notice a potential conflict, the quicker you can act to avoid a potential crash:
- Drive with the flow, in the same direction as traffic.
- Obey street signs, signals, and road markings, just like a car.
- Assume the other person doesn’t see you; look ahead for hazards or situations to avoid that may cause you to fall, like toys, pebbles, potholes, grates, train tracks.
- No texting, listening to music or using anything that distracts you by taking your eyes and ears or your mind off the road and traffic.
If you are involved in a bicycle accident
When consulting a lawyer, it is wise to provide him or her with as much information about your case as possible. The more information you provide up front, the easier it will be for the lawyer to prepare your case and fight for your rights. The more time you take to share information, the faster your accident will go resolved and the less time you will have to spend recovering from your injuries. A lawyer does not have time to sift through irrelevant details, so if you have any concerns or questions, now is the time to voice them.
As previously mentioned, you should not delay in contacting a qualified bicycle accident compensation lawyer if you have been injured. You may even want to do this before you seek medical treatment. This way, you can gather information to give to your lawyer so that he has enough information to begin gathering facts and preparing your case. By contacting a lawyer as soon as possible, you will make the best possible use of your rights.
In most cases, while an employee is commuting to or from work, an injury suffered in an accident will not be covered by worker’s comp. There are limited circumstances in which an injury sustained while commuting to and from work can be covered by workers’ compensation However, if said commute was part of your job duties (for example, if you are already on the clock, or traveling between two work locations), then your injury may qualify for workers’ compensation.
The first step is to identify whether your employer is a federal, state or private employer, one of several specific groups covered by federal worker’s compensation laws.
The U.S. Department of Labor’s Office of Workers’ Compensation Programs administers disability compensation programs which provides help to federal workers (or their dependents) and other specific groups who are injured at work or acquire an occupational disease.
Individuals injured on the job while employed by private companies or state and local government agencies should contact their state workers’ compensation board.
A qualified attorney can be essential in helping you navigate a worker’s compensation claim.
How much can I expect from a bicycle accident injury settlement?
The wide range of potential injuries makes it difficult to give a specific amount, but like all injuries, there are common factors in the compensation you may be owed. The settlement amount can only be determined on a case-by-case basis, but in general, injury claims are based on a person’s economic and non-economic losses.
Pain and suffering can mean a substantially higher amount of compensation. If you have permanent disabilities as a result of the injury, the amount can be substantial.
Economic damages are the actual financial losses stemming from an injury. Some examples of economic damages are:
- Past medical bills
- Future medical bills
- Lost income
- Diminished earning capacity
These damages, sometimes called general damages, cover losses that aren’t easy to estimate with a dollar figure. These include:
- Emotional distress
- Pain and suffering
- Loss of consortium
These non-economic damages can come with a damage multiplier (for example, between 1.5 and 5) based on the seriousness of the injury.
In rare cases, punitive damages may be assessed in particularly egregious personal injury cases, where the incident arises from more than just negligence.
Two factors that can reduce your injury compensation are contributory negligence, where you share some of the blame for the injury, and failure to mitigate damages, which means you are required to take reasonable steps after your injury (such as taking your prescribed medication as the doctor orders, or resting or wearing a brace for the appropriate length of time.)
What is my next step in seeking financial compensation?
Your injury can be a debilitating experience, but it doesn’t have to mean the end of your hopes and dreams. A qualified attorney can make sure you are appropriately compensated for your injury.
Don’t forget that even if you are able to move around now, with all your pain and suffering behind you, there is still a chance that your accident could contribute to further injuries to the affected area in the future. This is why it is important to see what our injury compensation calculator can do for you today.
Using the bicycle accident injury calculator
It is important to remember that the results of this calculator do not take into consideration any current or previous medical treatments you may have received. The bicycle accident injury compensation calculator is a useful aid, but it cannot provide legal or financial advice. It is not intended to replace the services of a qualified attorney. Before proceeding with making a claim, it is strongly recommended that you seek the advice of a personal injury lawyer who can advise you on your options. With their help and advice, you can successfully make a claim for injury compensation.