Getting in a vehicle means that you are taking the chance of being in a car accident, but when you get on a bike you assume that you are making the safer, healthier choice. However, even bicyclists are not immune to car accidents, and when a biker is hit by a car, the injuries can be substantial.
When a driver is at-fault in a bicycle/car accident, the cyclist is entitled to compensation that varies depending on the state the accident occurred in if they can prove fault.
In most cases, the bicyclist must prove that the driver acted negligently and that the driver intentionally and recklessly caused harm. If you were injured in this type of incident and can prove the driver was at fault, you may be able to obtain a settlement for your bike accident.
How is Compensation in a Bike Accident Settlement Determined?
Each case’s settlement can be as unique as the accident that it follows. Certain factors are almost always considered, however, when the final settlement is determined.
Compensation is based on the damages sustained by the injured party as a result of the accident, but “damages” can encompass a variety of factors, from financial to non-financial.
Financial, or economic, damages include payment for your medical bills that you sustained due to your injury, as well as any potential future doctor bills you may incur. They also cover any lost wages that you missed out on due to pain or doctor visits.
Sometimes injuries are so severe that they limit or prevent you from gainful employment. This factor is taken into consideration as well as your lost earning potential.
Financial damages are calculated through mathematical formulas using numbers obtained by your pay stubs, medical bills, and any receipts you have for expenses from the accident. It is critical to save your documentation and give it to your attorney, like the Dolman Law Group - Bicycle Accident Lawyer, should you decide to file a lawsuit.
Not all of the damages are financial, though. Non-economic damages are also included in the bike accident settlements. These can include pain and suffering, mental anguish, loss of consortium, and loss of enjoyment of life.
Pain and suffering refers to the immediate and subsequent pain and discomfort that you sustained during the injury. Mental anguish is sometimes covered in this category and sometimes kept separate, but it relates to psychological trauma and impacts from the accident. Loss of enjoyment of life simply means that you can no longer do the things you once enjoyed doing.
Loss of consortium refers to relationship problems due to the effects of the accident. This is often an issue between spouses but also can relate to parent and children concerns as well. If you are unable to perform the normal duties expected of you like your role as parent or spouse, your partner or child may be able to request compensation.
Call a Bicycle Accident Attorney Today if You Were Injured:
Just because bicycle accidents are not as common does not mean they are not serious. If you were injured in a bike and car crash, you may be entitled to benefits that you are not aware of.
Call a lawyer that specializes in these types of accidents today to see if you may be able to receive compensation for your injury and loss.