Even a careful bicycle rider is not 100% safe from accidents. You cannot prevent the actions of others on the road. If you have suffered injuries in a bicycle accident, you might wonder how the average settlement looks.
Bicycle accidents can become severe quickly. Plus, the other party is usually at fault. When determining what your settlement should be, it’s best to work with a bicycle accident lawyer.
At John Foy & Associates, we can help. We have been helping injured bikers for over 20 years. We can determine how much compensation you deserve and fight for your rights. To get a FREE, no-risk consultation, call (404) 400-4000, or contact us online.
Bicycle Accident Settlements Vary By Case
We’d love to give you an idea of the average bicycle accident settlement. However, it’s impossible to provide exact figures. Each case can vary tremendously.
You can best understand your settlement potential by looking at the factors of your case. If you need help doing this, a lawyer can help. Here are some of the most crucial questions to ask when thinking about a settlement.
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How Serious Are Your Injuries and Damages?
When someone causes an injury, they have been negligent (Georgia Code Section 51-1-2). The negligent party in a bicycle accident is responsible for the costs.
You can seek compensation for your accident expenses through a personal injury claim. However, you will need to know how much the damages are worth. Here are the costs to consider when totaling your damages.
Medical expenses can make up a large portion of bicycle accident costs. Since bikes provide very little protection, you might have severe injuries.
You can include any medical costs from the accident in your claim, including:
- Medical bills
- Prescription medications
- Physical therapy
- Specialist visits
- Follow-up appointments
You’ll also need to consider current and future medical bills. If your injuries need ongoing treatment, a lawyer can determine how much that will cost.
The most common bicycle-related injuries include:
- Soft tissue injuries
- Musculoskeletal injuries
- Head injuries
Head injuries are the most responsible for long-term disabilities and death. If your injuries have changed your life, talk to an experienced lawyer.
You will probably need to miss quite a bit of work time after the accident. You can claim this missed time as “lost wages.” A bicycle accident lawyer will gather evidence like:
- Past pay stubs from your job
- Previous tax returns
- Employer statements
Severe bicycle accident injuries can cause permanent disabilities or paralysis. If you can no longer work as you could before, you will be eligible for additional compensation.
When two cars crash, both can sustain minor to severe damage. When a car crashes into a bicycle, the bike will look much worse. Bicycles are rarely usable after an accident. Depending on the type of bike, repairs or replacement can be expensive.
You can include property damage costs in your claim. Your lawyer can help determine how much these damages are worth.
Pain and Suffering
The above costs are special damages, which have set dollar amounts. However, there is another category called general damages.
Pain and suffering is an example of general damages. Other types of these losses include:
- Mental anguish
- Emotional distress
- Anxiety or depression
- Loss of enjoyment of life
Unlike special losses, you cannot provide bills or receipts for general damages. Your lawyer will need to use a formula to calculate them. If you have a lot of general costs, it’s best to get a lawyer immediately.
What Was the Percentage of Fault in the Bicycle Accident?
Most of the time, only one party is at fault for a bicycle accident. The cyclist is rarely responsible. However, if you happen to be partially at fault, it will affect your settlement.
Each state treats partial fault differently. Georgia has comparative negligence laws. Under comparative negligence, you can still recover compensation if you were less than 50% at fault (Georgia Code Section 51-12-33).
If you believe you were partially to blame, talk to an experienced lawyer. Don’t assume you cannot recover damages without speaking to a professional.
How Strong Is Your Personal Injury Claim?
The strength of your case makes a huge difference to your settlement. You will need to show that:
- The other party was careless.
- Their carelessness caused your accident.
- You suffered damages from the crash.
You’ll also need to provide solid proof of your damages. Then, you’ll need to file your claim with the other party’s insurance company. The insurer will likely respond with a low-ball settlement.
You must never accept the first settlement offer. The first offer won’t come close to covering all of your costs. You will need to negotiate for a fair settlement amount. It’s best to hire a bicycle accident lawyer to help.
Talk to a Bicycle Accident Lawyer for Free Today
Bicycle accident cases are often complicated. At John Foy & Associates, we can help you with each step of the legal process. While we handle your case, you can focus on healing.
Working with us is risk-free for you. We do not charge a fee unless we win you compensation. Plus, the consultation is 100% FREE.
To schedule your FREE consultation today, call (404) 400-4000, or contact us online.