You’re cycling down the Strip in Las Vegas, and someone runs a red light and slams into you. You hit the ground hard and break your collarbone and arm. What should you do for your medical bills and lost income?
You can obtain compensation for your losses when a driver’s negligence injures you in a bicycle accident. Bicycle accident claims tend to have a high case value because of the severity of injuries. So, it’s often best to retain a bicycle accident attorney to maximize your compensation. Don’t attempt to navigate through a serious bicycle accident claim without an attorney, or you may wind up with less compensation than you need for a full recovery.
What Causes Bicycle Accidents?
The National Safety Council states that 1,230 bikers were killed in accidents nationally in 2021. Most bicycle accidents occur for the following reasons, most often because of driver error:
- Distracted driving: Drivers today have more things to distract them in their vehicles than ever. Whether texting, talking on the phone, adjusting the GPS or radio, or conversations with passengers, just two seconds of inattention can cause a driver to hit a cyclist. It’s common for distracted drivers to sideswipe cyclists legally riding on the right side or in a bike lane.
- Speeding: Drivers breaking the speed limit is always a problem. However, a speeding driver has less time to see a bicyclist ahead, and serious collisions can be deadly. Speeders also take longer to slow down for slower bicycle traffic.
- Driving under the influence: Drunk drivers have poor judgment and coordination, and their foolish actions can be deadly for cyclists.
- Dooring: A negligent motorist may open the door of their stopped vehicle into the bicycle lane, causing a serious biker injury.
- Road hazards: Potholes, gravel, and wet roads can cause a biker to lose control and have an accident.
What Are The Most Frequent Bike Accident Injuries?
A typical bicycle accident means a large vehicle hits a person on a bicycle. The injury victim is unprotected, so the injuries are often more severe, sometimes catastrophic. If you’re hit by a car while cycling, there is a high chance that you can have one or more of these severe injuries:
- Head trauma and brain injuries
- Broken bones
- Spinal cord or disc injuries
- Road rash and lacerations
- Lost or crushed limbs
- Organ damage
- Burns
- Neck injuries, including whiplash
- Permanent injuries, such as paralysis
A severe bicycle accident injury can be so catastrophic that you won’t fully recover. You can have permanent physical limitations that impact your ability to earn a living and enjoy life.
You also may not fully understand how bad your bike accident injuries are initially. You might hit your head on the ground in the fall. You feel a bit dizzy, but that’s all. However, you can have a brain bleed or concussion that has serious implications.
That’s why seeking immediate medical attention after any bicycle accident is always critical. You may be severely injured and not know it. Act like going to the ER is critical to survive because it can well be. Also, obtaining fast medical care ensures the insurance company can’t deny your claim because ‘you weren’t injured.’ If you wait too long, the adjuster will claim that your injuries are unrelated to the crash.
Proving Negligence In A Bicycle Accident
You can demand compensation in a bicycle accident if you and your personal injury lawyer can prove another party’s negligence or wrongful act caused it. An experienced bicycle accident attorney will review your case to determine if driver negligence led to the accident. Doing so requires the personal injury attorney to prove the four elements of negligence:
- The person owed you a duty of care: For example, a car driver owed you a duty of care as a cyclist to drive safely, obey the law, and not injure others.
- The driver violated their duty of care: Using the example above, the driver sideswiped you on your bicycle on a residential road.
- The breach of duty of care caused an accident and injuries: You ran off the road, hit a tree, and shattered your collarbone.
- You have damages from the accident, such as $10,000 in medical bills and $5,000 of lost work time.
Your attorney must prove negligence by a preponderance of the evidence. If they do so, you can claim compensation for the bicycle accident.
What Evidence Can Be Used To Support A Bicycle Accident Claim?
Your bicycle accident attorney will rely on important accident evidence to prove that another party’s negligence caused your injuries. Evidence that can be critical to your case includes:
- Photos and videos of the accident scene: Attempt to take pictures and videos with your cell phone after the accident, if possible. Show the position of the car, your bicycle, and the overall accident scene. This visual evidence may be critical to proving that the driver’s negligence injured you.
- Police report: Wait until the police arrive, and they take their report. The report can include information about who caused the accident.
- Eyewitness testimony: Get the names and statements of eyewitnesses. Finding them later can be difficult, so take immediate action at the scene.
- Accident reconstruction: Your bicycle accident lawyer may retain an accident reconstruction specialist to show the insurance company how the driver caused the accident.
- Surveillance video footage: Nearby businesses or traffic cameras may record the accident. Some cars are equipped with dash cams, too. Your attorney will investigate to see if there is any surveillance footage that shows the accident.
- Your injuries: The severity and nature of your injuries may help your attorney prove that the driver caused the accident.
Potential Compensation In A Bicycle Accident Claim
A bicycle accident victim may be entitled to compensation for their injuries and related losses if another party caused the accident. If your attorney proves negligence, you can receive compensation for some or all of these damages:
- Payment for your current and future medical bills: A bicycle accident attorney will work with your medical team to understand your injuries and prognosis. Then, they will make an appropriate compensation demand from the insurance company to cover your future medical needs until you reach MMI, or maximum medical improvement.
- Compensation for lost earnings: You should receive money for your past and current lost earnings. You also may be entitled to compensation if your serious injuries affect your ability to earn a living in the future.
- Pain and suffering: Bicycle accidents can leave you seriously injured with great pain. Pain is also worth compensation; your personal injury lawyer will negotiate for the most compensation for your physical discomfort.
- Mental anguish: Accident injuries, treatments, and the potential future limitations you have can lead to tremendous mental and emotional anguish.
- Property damage: The insurance company should cover any property damaged or destroyed, such as your bicycle.
Bicycle Accident Claims Have Unique Elements Where An Attorney Can Help
All motor vehicle accidents can be serious, but bicycle accidents often have unique aspects that make a personal injury attorney even more helpful:
- Bicycle accident victims may be seriously injured: A car slamming into an unprotected person on a bicycle almost always causes serious injuries. Even wearing a helmet may not fully protect you from serious harm. Head trauma, back and neck injuries, spinal cord injuries, road rash, broken bones, and internal injuries are frequent. Medical care for serious bike accident injuries is expensive, and ensuring the liable party pays is critical.
- Insurance coverage questions: Every driver must have auto insurance, but many don’t, especially as insurance costs have risen recently. You can be severely injured, but the at-fault driver is uninsured, or the driver took off. A bicycle accident attorney can assist with an uninsured driver claim or finding the hit-and-run driver.
- Someone with severe injuries from a bicycle accident may have difficulty obtaining quality medical care: Not every medical professional is willing to provide care to severely injured accident victims who cannot pay for the full cost of services. A bicycle accident attorney may assist with obtaining medical care with doctors who will set up a medical lien. This means they are compensated for their services when the case is settled.
Why You Need A Bicycle Accident Attorney
It’s tempting to simply negotiate a bike accident settlement with the negligent driver’s insurance company. However, this is often a grave mistake. Most injury victims aren’t doctors and may have little idea how severe their injuries are.
For example, you may think your ‘back hurts’ a bit after the accident. But you assume it’s a sprain and you’ll get over it in a few days. You accept the insurance company’s offer to pay for your medical bills.
However, after going to the doctor, you find out that you have a ruptured disc in your lumbar spine. Now, you have $25,000 in medical bills and lost income. You already agreed to a settlement, but the insurance won’t cover your expenses. It’s easy for a seemingly minor injury to turn into something worse, especially with a bicycle accident.
Retaining a bicycle accident attorney from the beginning can easily avoid this situation. Your attorney knows that bicycle accident injuries can be severe, and they won’t accept an early settlement. It’s critical to wait until the full extent of injuries and damages are understood before settling.
The insurance adjuster knows the injury victim rarely knows the value of their case. This is why they may attempt to call you after an accident caused by their client. If they get you to settle quickly before you retain a bicycle accident lawyer, the case may be worth much less. The insurance companies want to avoid liability and pay you as little as possible.
An experienced bicycle accident attorney won’t let the insurance company take advantage of your misfortune. They will understand approximately what your case is worth once they know the full extent of your damages. Serious settlement talks won’t begin until they know your injuries, prognosis, lost work time, and future work prospects based on how much you recover.
What Is My Bicycle Accident Claim Worth?
It all depends on several factors listed below. Some cases are worth a few thousand dollars, and catastrophic cases can be worth millions. Everything depends on these case factors:
- Are your injuries severe? Do you have a brain injury or paralysis? The case value will probably skyrocket. A broken arm is also a serious injury, but it will probably fully heal within a few months, so the case value is lower.
- Do you need hospitalization? Serious injuries usually require hospitalization and possibly surgery. Any serious medical interventions, particularly involving weeks or months of care, will be very expensive. Hospital care for a single day in the ICU will cost tens of thousands of dollars. Long-term medical care and recovery will increase bike accident case value.
- How much insurance is available? Many drivers only have $25,000 or $50,000 of bodily injury coverage. Unfortunately, obtaining more compensation can be difficult unless the at-fault driver has significant assets.
- How painful are your injuries? Some injuries, such as burns or severe fractures, can be excruciating, so the case value will be higher than for a back or knee sprain.
- Do you settle or go to trial? A bike accident settlement may involve lower compensation, but the money comes faster and is guaranteed. You will receive that money once you sign a settlement for a certain sum and after legal expenses and other costs are deducted. A sympathetic jury might award more money, but trials are long and unpredictable. Do you risk walking away from your case with nothing if the jury rules for the defendant?
Contact A Bicycle Accident Attorney Today
Were you injured in a bicycle accident by a driver? You might be overwhelmed by severe injuries and pain and be unable to earn a living. You don’t have to pay out of pocket for your losses if the driver was negligent. A bicycle accident attorney can review your claim for free today to determine if another party’s negligence injured you. Speak to a bicycle accident attorney today for a free consultation.