This average settlement amount or range should not be interpreted as a standard or guaranteed settlement amount for your bicycle accident case. The circumstances surrounding each case are unique, and the settlement amount that you may receive from your case can vary based on many factors.
Use our legal checklist to learn what to do after an accident and understand key legal considerations for recovering financial compensation.
Factors That Affect Settlement Value For Bicycle Accident Cases
Like all personal injury claims, there are many factors that can impact the settlement amount of bicycle accident cases. Below are a few of the most common variables that impact settlement value.
1. Severity of Injuries
The extent and severity of injuries sustained in the accident are among the most critical factors in determining the settlement amount. Serious injuries, such as broken bones, traumatic brain injuries, or spinal cord injuries, typically result in higher medical expenses, longer recovery times, and greater pain and suffering. This often leads to higher settlement amounts to cover medical bills, rehabilitation, lost wages, and compensation for pain and suffering.
2. Fault & Liability
The determination of who is at fault in the accident significantly affects the settlement amount. If the cyclist is partially or fully at fault, the settlement may be reduced or even denied. Conversely, if the other party (e.g., a driver) is found to be entirely at fault, the settlement amount is likely to be higher. The clearer the liability against the defendant, the stronger the case for a higher settlement.
Economic Damages
Economic damages include quantifiable losses such as medical expenses, property damage (e.g., damage to the bicycle), lost wages, and loss of earning capacity. The higher these costs, the larger the potential settlement. Accurately documenting all expenses and losses is crucial for maximizing the settlement amount.
4. Non-economic Damages
Non-economic damages refer to the more subjective, non-monetary losses like pain and suffering, emotional distress, and loss of enjoyment of life. These are harder to quantify but can significantly increase the settlement amount. This is especially true if the injuries have a long-term or permanent impact on the victim’s quality of life.
5. Legal Reprsentation
The skill and experience of the legal representation you have can have a substantial impact on the settlement amount. An experienced attorney who specializes in personal injury or bicycle accident cases can effectively negotiate with insurance companies, gather compelling evidence, and advocate for the highest possible settlement. Conversely, having less experienced representation, or not having legal representation at all, may result in a significantly lower settlement.
Get started with a free consultation with one of our skilled Personal Injury Lawyers today.
Additional Legal Considerations For Bicycle Accident Claims
In addition to the factors that influence the settlement amount of a bicycle accident claim, there are several important legal considerations and bicycle accident laws that can affect the outcome of the case. Here are some key legal considerations to keep in mind:
- Statute of Limitations: The statute of limitations sets a deadline for filing a lawsuit after a bicycle accident. This period varies by state, typically ranging from one to three years. If a claim is not filed within this timeframe, the injured party may lose the right to seek compensation, regardless of the merits of the case. It’s crucial to be aware of and act within this deadline to preserve your legal rights. For example, the statute of limitations for filing a personal injury claim in Missouri is 5 years. After this deadline, individuals will not be able to pursue any legal action.
- Comparative or Contributory Negligence: States follow different rules regarding how a plaintiff’s own negligence impacts their ability to recover damages. In states with comparative negligence laws, a plaintiff’s compensation is reduced by their percentage of fault in the accident. For example, if a cyclist is found to be 20% at fault, their settlement will be reduced by 20%. In contributory negligence and at-fault states such as Missouri, even a small percentage of fault on the cyclist’s part could bar them from recovering any compensation.
- Helmet Laws: Whether or not the cyclist was wearing a helmet at the time of the accident can influence the claim, especially in states with mandatory helmet laws. If the cyclist wasn’t wearing a helmet and sustained head injuries, the defense might argue that the injuries could have been mitigated or avoided, potentially reducing the settlement amount. However, this depends on the specific laws of the state (and/or municipality) in addition to other circumstances of the case. Information regarding Missouri’s bicycle helmet laws can be found at Missouri Bicycle and Pedestrian Federation.
- Adherence to Traffic Laws: Cyclists are generally required to adhere to the same traffic laws as motor vehicles. If the cyclist was found to be violating traffic laws (e.g., running a red light, riding against traffic), this can negatively impact the claim by weakening the case or reducing the settlement. Compliance with traffic laws strengthens the cyclist’s position by demonstrating responsible behavior. State-specific traffic laws for Missouri can also be found at Missouri Bicycle and Pedestrian Federation.
- Uninsured/Underinsured Motorist Coverage: If the at-fault driver is uninsured or underinsured, the cyclist may need to rely on their own uninsured/underinsured motorist (UM/UIM) coverage to recover damages. Understanding how this coverage works and how to properly file a claim under it is crucial, as it can be a significant source of compensation when the at-fault party lacks adequate insurance.
- Documentation and Evidence: The strength of the documentation and evidence gathered after the accident, such as police reports, medical records, eyewitness statements, and photographs of the scene, plays a crucial role in building a strong case. Inadequate evidence can weaken a claim and reduce the likelihood of a favorable settlement or verdict.
Each of these legal considerations can have a profound impact on the outcome of a bicycle accident claim, and being aware of them is essential for navigating the legal process effectively.
Get Help Recovering Compensation From A Bicycle Accident Attorney
If you or a loved one has suffered an injury as a result of a bicycle accident, get help from Brown & Crouppen Law Firm. Our attorneys have helped recover over $1 billion for clients as a result of settlements and verdicts, including individuals who have suffered injuries from bicycle accidents.
Getting started is easy. Just call (800) 536-4357 or request a free case evaluation online. And remember, our Kansas City and Saint Louis accident and injury attorneys work on a contingency fee basis. This means there are no upfront costs or legal fees. We only get paid if you win.
