Bicycle Rides: Understanding the Risks of Accidents
A bicycle ride is supposed to be a relaxing experience whether you’re using it for your daily commute or your workouts. But what happens if you end up in a bike accident? Do bicycle accidents typically result in legal action? If yes, what are the compensation amounts for them?
Bicycle accidents can be devastating, leading to serious injuries, financial strain, and emotional distress. If you or a loved one has been injured in a bicycle accident, understanding the settlement process can help you seek compensation effectively
Bicycle Accident Settlements
Bicycle accident settlements are agreements reached between an injured cyclist and the at-fault party (or their insurance provider) to compensate for damages such as medical expenses, lost wages, and pain and suffering.
The goal of these accident settlements is to provide a fair settlement to cover financial losses and emotional distress without the need for a lengthy court battle.
However, your success with such cases depends on two primary factors: your understanding of your case and the bicycle accident attorney’s experience.
If you have someone with experience, going through your personal injury claim, even for catastrophic injuries or financial burden will not be a problem.
Average Bicycle Accident Settlement Amounts
The average bicycle accident settlement varies based on multiple factors, including the severity of injuries sustained, insurance coverage, and liability. Remember, minor injuries such as soft tissue injuries may result in settlements as low as $10,000.
For Severe Injuries:
On the other hand, more severe injuries can lead to more complicated legal proceedings, depending on the kind of injury you have. Generally speaking, these can include:
- Traumatic brain injuries
- Spinal damage
- Burn injury, etc.
These more severe cases can lead to settlements of $100,000 or more. In cases involving catastrophic injuries or fatal injuries (wrongful death), the final settlement can reach into the millions.
It’s important to remember that an average settlement is just a benchmark. Every bicycle accident case is unique, and the potential settlement depends on many factors, including location, insurance policy limits, and legal representation.
Top 5 Bicycle Accidents and Settlements- How Riders Won Big in Court
Like all personal injury claims, bicycle accident cases can lead to unique legal challenges. For instance, the at-fault party could or could not have a driver’s license, or have a faulty vehicle. So, to explain other factors better, we will look into some real-life bicycle accident claims and settlements. Let’s discuss:
1. $6.5 Million – Cyclist vs. Truck (California, 2020)
A cyclist in Los Angeles was hit by a commercial truck while making an illegal right turn. The victim, a 42-year-old software engineer, suffered multiple fractures, a traumatic brain injury (TBI), and permanent nerve damage. The trucking company initially denied liability, arguing that the cyclist was riding too fast downhill.
However, surveillance footage from a nearby store showed the truck failing to yield. Medical expenses, lost wages, and long-term rehabilitation costs were factored into the settlement.
The Verdict
The case settled for $6.5 million, factoring in expert testimony on the cyclist’s diminished earning capacity and long-term medical care needs. The trucking company opted to settle rather than risk a jury trial, where a larger verdict was possible.
2. $5.9 Million – Bicycle vs. Rideshare Vehicle (New York, 2018)
A 36-year-old investment banker was struck by an Uber driver making an illegal U-turn in Manhattan. The cyclist sustained severe spinal injuries, requiring multiple surgeries and long-term physical therapy.
The Uber driver’s insurance initially offered a lowball settlement, arguing the cyclist was partially responsible for not reacting in time. However, GPS data from the rideshare app proved the driver made the U-turn recklessly in heavy traffic.
The Verdict
The victim’s attorney successfully argued for pain and suffering damages, along with lost future earnings due to limited mobility. The case settled for $5.9 million, one of the largest bicycle accident settlements in New York.
The case set a precedent for holding rideshare companies accountable for their drivers’ negligence. The cyclist was able to recover financially and receive ongoing medical care.
3. $7.3 Million – Bicycle vs. Commercial Delivery Van (Florida, 2021)
A 29-year-old professional cyclist was struck by a FedEx delivery van while training for a competition. The driver, distracted by a mobile phone, veered into the designated bike lane.
The cyclist suffered a pelvic fracture, internal organ damage, and a traumatic brain injury. The victim’s legal team filed a lawsuit against FedEx, citing negligence and failure to enforce strict driving policies.
The Verdict
FedEx initially contested liability but later agreed to settle for $7.3 million after depositions revealed the driver had multiple prior traffic violations.
The settlement covered medical expenses, lost future earnings, and emotional distress. The cyclist required extensive rehabilitation and was unable to return to professional racing.
4. $8.2 Million – Bicycle Hit by Public Bus (Illinois, 2019)
A 50-year-old teacher in Chicago was riding home from work when a city bus failed to yield and struck him at an intersection. The cyclist suffered multiple fractures, a collapsed lung, and permanent disability.
Surveillance footage from the bus confirmed driver negligence, contradicting earlier claims that the cyclist had ignored a traffic signal. The city initially refused to settle, arguing the cyclist shared fault. However, expert witnesses provided accident reconstruction evidence proving the driver’s error.
The Verdict
After a prolonged legal battle, the city agreed to settle for $8.2 million. The victim required lifelong medical care and could no longer continue his teaching career.
5. $10 Million – Bicycle vs. Drunk Driver (Texas, 2022)
A 21-year-old college student was hit by a drunk driver while cycling near campus. The driver, who had a history of DUIs, ran a red light and struck the cyclist at high speed. The victim suffered permanent paralysis, requiring lifelong medical care.
The driver was arrested, and a civil lawsuit was filed against both the driver and the bar that served him alcohol before the crash. The case argued dram shop liability, holding the bar responsible for overserving the driver.
The Verdict
The lawsuit resulted in a $10 million settlement, with the bar and driver’s personal insurance contributing to the payout. This case shed light on alcohol-related crashes and the importance of dram shop laws in preventing DUI accidents.
The victim’s family used part of the settlement to advocate for stronger drunk driving penalties and cycling safety awareness in Texas.
Factors That Affect Bicycle Accident Settlements
Several factors play a crucial role in determining how much compensation an injured cyclist may receive. Below are the key elements that influence settlement negotiations.
1. Severity of Injuries
The severity of injuries sustained in a bicycle crash significantly impacts the settlement amount. More serious injuries, such as traumatic brain injuries or spinal cord damage, require extensive medical care, leading to higher settlement values. Minor injuries, like bruises or fractures, may result in a lower payout.
- Severe injuries (e.g., paralysis, amputations) = Higher settlement
- Soft tissue injuries (e.g., whiplash, sprains) = Lower settlement
- Fatal injuries = Largest settlements, often pursued as wrongful death claims
2. Insurance Coverage and Policy Limits
The at-fault driver’s insurance coverage is another critical factor. If the negligent driver carries a high policy limit, there is a greater chance of securing a favorable settlement. However, if they are underinsured or uninsured, it may be challenging to recover damages.
In such cases, an injured party may need to file a claim with their own insurance policy if they have uninsured motorist coverage.
3. Economic and Non-Economic Damages
Bicycle accident settlements account for both economic and non-economic damages:
- Economic damages: Medical bills, lost wages, future lost earnings, rehabilitation costs, and property damage (e.g., bicycle replacement costs, other personal property repairs).
- Non-economic damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
A skilled bicycle accident attorney can help maximize both types of damages by gathering strong evidence, including medical records and police reports.
4. Liability and Contributory Negligence
Liability plays a crucial role in bicycle accident claims. If the at-fault party is clearly responsible for the accident—such as in cases of reckless driving, failure to yield, or running a red light—settlements tend to be higher.
However, if the injured cyclist shares some responsibility (contributory negligence), the settlement amount may be reduced.
Steps to Take After a Bicycle Accident
To strengthen your bicycle accident claim, follow these essential steps immediately after an accident:
1. Seek Medical Attention
Even if injuries seem minor, it’s critical to seek medical attention. Some injuries, such as internal bleeding or concussions, may not be immediately apparent. Medical records will also serve as key evidence when seeking a higher settlement.
2. Document the Accident Scene
Gather as much evidence as possible:
- Take photos of the accident scene, damaged bike, and injuries.
- Obtain contact information from witnesses.
- Request a police report, which can help establish liability.
3. Contact a Bicycle Accident Attorney
An experienced attorney can provide a free case evaluation to determine the potential settlement value. They handle settlement negotiations, advocate for the injured cyclist, and navigate the complex legal process.
The Legal Process for Bicycle Accident Claims
Bicycle accident lawyers guide clients through the legal process, from filing insurance claims to negotiating a final settlement. The timeline for a bicycle accident case varies based on its complexity:
- Minor injury claims: May settle within a few months.
- Serious injury cases: Can take a year or more, especially if extensive medical care is required.
- Disputed liability cases: May take longer due to insurance companies contesting fault.
Having legal representation ensures that the injured party doesn’t accept an unfair settlement from insurance companies looking to minimize payouts.
Conclusion
Understanding bicycle accident settlements can be complex, but understanding key factors—such as injury severity, insurance policy limits, and legal representation—can help injured cyclists recover damages effectively.
If you or a loved one has been injured in a bicycle accident, seeking legal representation from an experienced bicycle accident attorney can make a significant difference in securing a fair settlement.
Get Help For Your Bicycle Accident Case With BLG
We understand that bicycle accidents can have a massive impact on the victim’s well-being. Therefore, we, at Bourassa Law Group offer a free consultation to evaluate your case. Don’t let insurance companies undervalue your claim—work with a trusted bicycle accident attorney to fight for the compensation you deserve.
For a free case evaluation, contact our bicycle accident lawyers today and take the first step toward justice and financial recovery.
1-800-870-8910