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Published On: Wed, May 8th, 2019

Bike Accident Settlements: How They Work and What to Expect

There’s nothing better than a bike ride out in the world. Getting out and about on the bike is healthy for both the body and the mind, and it’s one of the easiest ways to get some exercise.

But hopping on a bike does put you in a small degree of risk. Bike accidents occur more regularly than we like to believe, and there is a chance you could be seriously injured. These accidents happen for a variety of reasons and can be quite serious depending on the circumstances.

If you’ve been hit by a car or injured on your bike, you may have a right to compensation. Bike accident settlements are common and are preferable to heading to trial. In many cases, bike accident victims can receive a hefty payout for the injuries and pain they’ve endured.  Read on to learn more.

photo/ OpenClipart-Vectors

How To Determine Compensation

The injuries sustained by bike accident victims vary on a case by case basis. There’s more than just the physical injuries when it comes to these accidents after all. There’s a lot more than medical bills that attorneys take into account when talking accident lawsuits.

The term that is often used in determining compensation is damages. Damages are the costs the victim had paid as a result of the accident. Many of these are financial, including medical bills and lost wages.

But they can also include more hard to quantify areas such as pain and suffering, emotional distress, and more. There are different methods used to determine the compensation amount for these areas.

Economic Damages

It’s easier to figure out the value of direct economic damages. It’s a combination of a few factors that involve direct evidence.

The most obvious of these factors are costs incurred as a direct result of the crash. This includes any and all medical costs, including care, medication, and even transportation if an ambulance came.

It also applies to the lost value of your property. So if your bike or anything you had on you was damaged, the replacement value of those items figures into your damages.

The accident’s effect on your earning ability will also factor into your damages. Let’s say, for example, that your injuries are such that you can’t return to work. Your ability to make money is then impacted as a result of the accident.

These lost wages factor into your damages as well. If you have paystubs from work that you can use as evidence, then these numbers can add up to a total amount until you can return to the job.

If you’re injured in a way that will never allow you to return to your job, this amount can be quite high. It’s essential to properly document your costs and lost wages in the weeks following your accident.

Proper documentation and evidence will help ensure that you get the compensation you deserve for these areas.

Non-Economic Damages

Putting a dollar amount to other areas is a little bit trickier of a practice. People lose so much after an accident that isn’t quantifiable. A person’s loss of quality of life isn’t something that’s easy to turn into a number.

There are a few different categories that often fall under a non-economic damage umbrella. These include pain and suffering, loss of enjoyment of life, loss of consortium, and emotional distress.

While these may sound similar to one another, there are important distinctions in each category. For example, pain and suffering refer to physical discomfort and difficulty, while the loss of enjoyment of life refers to more emotional aspects of one’s experience.

It’s important to break these categories up as such because they can both be compensated separately.

It can be difficult to know exactly what price point is reasonable compensation for these damages. Working with an experienced attorney can help you settle on a number that is realistic and right. Talking to an attorney can help you find out more about non-economic damage compensation.

Bike Accident Settlements

When do you have grounds to press charges? Not all accidents will give a bicycle rider the grounds to sue, but many will. In most cases, the law is on the side of the person on a bike.

What you’ll need to establish is comparative negligence on the behalf of the automobile’s driver. The driver likely behaved in some way that caused the accident to happen. Providing evidence and proof of this fact will be essential in the case.

Most insurance companies will fight hard to prevent victims from getting the compensation they deserve. They are on the driver’s side, not the victim’s. In many cases, insurance adjusters will attempt to pay off medical bill’s and avoid all other costs.

That’s why it can be so essential to have an experienced lawyer on your side when pushing for a settlement. They have experience going up against insurance companies and can help get you the compensation that you deserve.

Most claims to an insurance company are settled out of court. A demand is sent to an insurance adjuster, negotiations ensue, and a settlement number is reached. Only if an amount cannot be agreed on will a case proceed to court.

Getting The Compensation One Deserves

Bike accidents can be quite serious. They can prove seriously damaging to a victim’s future and their quality of life. Understanding bike accident settlements can help one obtain the compensation they need to get their life back on track.

Need advice on finding a lawyer for your case? Check out our blog for more.

Author: Laura Brown

 

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