Bicycles can be an affordable means of transportation in California. They can also offer a healthy form of recreation. But whether you’re using a bike to get to work or enjoy the fresh air, getting into a bike accident can result in traumatic injuries that can change your life forever. Even if you don’t suffer serious injuries, the bike accident can still result in unmanageable medical bills, missed work, and an uncertain financial future. As if that’s not bad enough, trying to get compensation for your injuries can seem like an insurmountable task.
If you’ve recently been in a bicycle accident on a California road and are having trouble getting a fair settlement offer from the insurance company, Maison Law is here for you. Our bicycle accident lawyers have represented countless clients and understand what it takes to get compensation after a bicycle accident. For a no-obligation, free consultation, contact us today.
Typical Compensation for a Bicycle Injury
If you’re injured in a bike accident, the financial recovery you can expect will depend on the nature of your damages. As you might expect, the more extensive your injuries, the more compensation you can expect. Another factor is the at-fault party’s responsibility for causing the bicycle accident. All that being said, there are several categories of damages you could potentially receive:
- General damages: Non-economic damages are often difficult to calculate. General damages often include compensation for psychological harm, such as emotional distress, loss of consortium, and pain and suffering.
- Special damages: These damages are easier to calculate, as they’re intended to compensate a victim for things like medical bills, lost wages, and property damage (what it takes to repair or replace your damaged bike).
- Wrongful death damages: These are damages paid out to close relatives or family members of someone who dies in the bicycle accident. These payments are intended to cover costs such as funeral bills, burial fees, lost future income, emotional distress, and unpaid medical bills.
- Punitive damages: These are damages designed to punish the at-fault party who causes your bicycle accident. The amount will depend on the size of your special and general damage award, as well as how abhorrent the at-fault party’s conduct was. Punitive damages aren’t always available in personal injury lawsuits, as they usually require the defendant to act in an intentional or reckless manner.
How To Calculate Bicycle Accident Settlement Amounts
It’s impossible to estimate with 100% accuracy what a bicycle accident case should be worth. This is one of the reasons you should hire a bike crash lawyer. They can help calculate the value of your case, which in turn helps you know if you should accept a settlement offer or not. To determine the value of your bicycle collision case, there are many variables to consider, including:
- The seriousness of your injuries, including how long it’ll take to get back to 100% and if there are any permanent effects from the accident.
- The type of medical treatments needed.
- Insurance policy limits.
- Whether there’s any legitimate dispute as to what caused the accident and who’s at fault.
- The cost to repair or replace your damaged bicycle.
- The strength of your evidence showing someone else caused the accident.
- How credible you come across and how sympathetic your case is.
- Whether the at-fault party’s conduct is particularly abhorrent or egregious.
Comparative Negligence in California
California is a pure comparative negligence state. So any damage award a plaintiff receives from the defendant in a civil suit will be reduced by the plaintiff’s level of fault. For instance, if your damages are $80,000 and you’re 25% at fault for causing the accident, then you’ll recover $60,000 ($80,000 x 25% = $20,000; $80,000 – $20,000 = $60,000).
This is an important consideration when calculating how much your case is worth. The liable party will factor in what you could potentially recover if you sued them when determining what to offer you to settle your bicycle accident claim. The bigger role you had in causing your injuries, the more likely your recovery in a lawsuit will be reduced. As a result, the prospective defendant may lower their settlement offer.
Getting the Biggest Bicycle Accident Settlement Offer Possible
Besides hiring an attorney, you can take steps to maximize your settlement offer. These are fairly basic, but can go a long way to avoiding a low-ball offer.
- See a doctor for your injuries. Treating your injuries is essential to protecting your health, but it’s also a critical part of the settlement process. Without seeing a medical professional, it’s difficult to prove to the insurance company the extent and the existence of your injuries.
- Follow your doctor’s treatment plan. Nothing screams “my injury isn’t a big deal” more than refusing to get recommended medical treatment. Not getting treatment also means fewer expenses to point out to justify a bigger settlement offer.
- Keep careful notes. You’ll need to have copies of medical records, bicycle repair bills, and days of missed work to serve as proof of your damages. You should also take notes about what happened during the accident and how your life has been adversely affected because of your injuries.
- Be aware of the statute of limitations. In California, you generally have two years from the date of the bike accident to sue the at-fault party. This right is a major negotiating chip when trying to settle your claim. Once this deadline passes and you lose the right to sue, any settlement offer you could have expected might evaporate.
Factoring in Pain and Suffering into Bicycle Settlement Offers
One of the challenges in getting a fair settlement offer is proving general, non-economic damages, like pain and suffering. After all, how does one put a price on the agony of lacerations or a broken leg? California caps non-economic damages at $430,000 as long as it doesn’t result in death, but it can still be challenging to get even a fraction of this amount without demonstrating one or more of the following characteristics of your case:
- The existence of recklessness or intentionality in the at-fault party’s conduct when causing the accident.
- The effect your injuries have had on your personal and professional life.
- How long the recuperation process took and whether there were any permanent injuries.
- The emotional distress you endured following the accident.
Get Help Settling Your California Bicycle Accident Case With Maison Law
The laws of physics might state that cars and trucks on the road can push you around. But the personal injury laws of California say otherwise. They entitle you to legal relief if you’ve been hurt while riding your bicycle because of the wrongful acts of someone else.
If you’re having trouble getting a fair and reasonable settlement offer for your injuries, property damage, and lost income due to your bike accident, Maison Law is ready to step in and help. We know how to negotiate with insurance companies and have the experience and skills to escalate your case to the courtroom if necessary.
Learn what your rights are and what legal options you have by contacting Maison Law today. We don’t charge a fee unless we recover money on your behalf. There’s also no fee for the consultation and no obligation to hire Maison Law after you talk to us. You have nothing to lose by reaching out.
