Cycling is on the rise across the U.S., especially in places that have made efforts to be more bike-friendly. For example, Davis, California, sees over 20% of its trips made by bicycle (which is the highest in the country).
Even places like Oakland have seen a big increase in bike commuting, thanks to safer infrastructure and new laws like AB 1909, which requires drivers to give cyclists at least 3 feet of space when passing. But then, even with these changes, getting around on a bike can still be risky, especially in areas where cars dominate the roads.
In California alone, thousands of bicyclists are injured every year, and hundreds lose their lives in accidents. Los Angeles County, in particular, has seen the highest number of cyclist deaths of any county in the U.S.
With so much on the line, it’s absolutely crucial to understand what goes into calculating your compensation for a bicycle accident so you can make sure you’re not left short.
Here are several key factors that determine how much compensation you can receive after a bicycle accident:
Your Medical Expenses
This is usually the starting point. After a crash, you’ll likely rack up bills for emergency room visits, hospital stays, X-rays, surgeries, medication, physical therapy, and maybe even long-term treatment. Every single one of these costs counts toward your compensation.
That’s why it’s so important to keep track of all your medical documents, invoices, and receipts. If you don’t have proof of what you spent or what kind of care you needed, it’ll be harder to get that money back in your settlement.
The more serious your injuries, the higher your medical bills. And when it comes to long-term or permanent injuries, the costs can get overwhelming.
Some people need in-home care or medical equipment just to go about their daily lives. That’s why detailed medical records and expert opinions are often brought in to show how deep the damage really goes.
Lost Wages and Future Earnings
If your injuries keep you away from work, even for a short time, you’re losing income, and of course, that needs to be accounted for. But it doesn’t stop there. Let’s say you can’t go back to your old job or you can’t work as many hours as you used to.
That’s called loss of earning capacity. You’ll need to show pay stubs, tax returns, or anything that can help prove what your income looked like before and after the accident.
The Insurance Situation
Some states mandate their drivers to carry a minimum level of liability insurance, but sometimes the minimum doesn’t always mean enough. If the driver who hit you doesn’t have enough coverage, or worse, has none at all, you might find yourself in a tough spot.
If you have your own uninsured or underinsured motorist policy (UM/UIM), it can help cover your damages when the other party can’t.
Who Was at Fault?
Some states operate on the principle of pure comparative negligence, and this can have a huge impact on how much money you end up with. Basically, it means if you were partly responsible for the accident, your compensation gets reduced by that percentage.
So, if you’re 30% at fault and your total damages are $100,000, you’d only get $70,000. The more you’re blamed, the less you get. This makes it crucial to collect as much evidence as possible, including witnesses, police reports, camera footage, and anything that can help show that the other side is in the wrong.
Insurance companies will often try to say you were more at fault than you really were. That’s why having an experienced lawyer can make a big difference. They know how to fight back and make sure the blame is placed where it actually belongs.
Pain and Suffering
This is one of the hardest things to measure, but it can make up a large part of your settlement. Pain and suffering include everything from physical pain and emotional distress to loss of enjoyment of life. It includes anxiety, depression, PTSD, or not being able to ride a bike again because of the trauma.
Courts and insurance companies look at how severe your injuries are, how long your recovery will take, and how your daily life has changed since the accident.
There’s no formula for this part, but it’s often the part of your compensation that really reflects the human impact of the crash. The more documentation and testimony you have about your pain and how your life has changed, the stronger your case will be.
Legal Representation
Last but definitely not least, the attorney you choose matters. A good lawyer knows how to deal with insurance companies, negotiate settlements, gather evidence, and fight for you in court if needed.
Without legal help, you might settle for way less than you deserve. With the right attorney on your side, you’ll have someone who knows how to calculate all your damages, push back on lowball offers, and make sure no detail is missed.
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