Bicycle accidents have seen a steady rise year over year in the United States. According to the data taken in 2022 by the National Safety Council, there has been a 47 percent increase in bicycle accidents over the last decade.
Most bicycle accident cases involve collisions with motorist – which can leave victims with serious injuries, costly medical bills, and lost wages due to missed work. If you’ve been injured in a bicycle accident – due to someone else’s negligence – the next steps can feel intimidating.
At Manning Herington Accident & Injury Attorneys, we’ve been representing injury victims in Colorado for decades. Compensation in bicycle accident cases tends to go much deeper than what meets the eye.
Many victims don’t realize the extent of what they may be entitled to. In this post, we will explain the major types of damages to pursue in a bicycle accident lawsuit – and the role of an attorney in your claim to seek compensation.
Why Compensation Tends to Get Complicated in Bicycle Accident Lawsuits
If you’ve been injured in a bicycle accident, you’re potentially looking at many different expenses. This may include extensive medical bills for surgery, rehabilitation, medical devices, and more. You may also be too injured to perform your job, which can equate to lost wages.
These types of expenses are relatively straightforward in personal injury claims.
But some injuries are more subjective – which is where claims tend to get complicated. For instance, suffering a long-term injury can lead to a notable decrease in your quality of life. Placing an appropriate case value on this is not always easy.
Additionally, bicycle accidents can cause long-term injuries. Compensation isn’t just about covering current bills. It’s about addressing future needs and making sure you don’t bear the financial burden for anything related to your injury.
To account for every expense incurred due to the accident, damages in bicycle accident compensation are grouped into three different categories: economic, non-economic, and punitive.
Economic Damages
Economic damages are generally characterized by any cost with a clear price tag, invoice, estimate, etc. The most common types of economic damages in personal injury cases include:
Medical Expenses
A bike crash results in serious injuries for the victim – as there is little protection in the event of a collision. Victims may be dealing with fractures, lacerations, brain injuries, spinal cord injuries, and more. Medical bills add up quickly – and victims deserve to be compensated for every penny by the at-fault party.
1. Immediate Medical Costs
In severe bicycle accidents, many victims require emergency care, leading to ambulance rides, emergency room visits, or surgeries. Even with insurance, co-pays and out-of-pocket expenses can be astronomical. Victims need to collect every itemized bill for the immediate medical treatment they receive.
These records will be factored into the compensation you pursue.
2. Long-Term Medical Needs
Many injuries require ongoing care, such as physical therapy and follow-up surgeries. Additionally, the victim may need medical devices (crutches, wheelchair, etc.) or modifications to their home. A bicycle accident lawsuit should cover these needs.
In addition to medical records, these damages are usually accounted for with estimates for ongoing care from a medical professional.
Lost Wages and Future Earnings
Victims of bicycle accidents may have to take an extended leave of absence from work – especially in jobs that require manual labor. This can lead to financial instability, and needs to be accounted for in the bicycle accident compensation.
Calculating damages for lost wages involves collecting pay stubs, bonus records, and overtime reports.
Loss of Earning Potential
Severe injuries can impact your ability to work in the future. For example, if you work in construction, suffering permanent nerve damage in the bike crash can impair your ability to perform your job, or require you to take a lower-paying role.
To account for this, an attorney will work with you to analyze your salary history and calculate what your potential lost income would be.
Property Damage
For starters, your bicycle may be damaged after the accident – which can be very expensive to repair or replace. We advise victims to do the following to cover these costs:
- Document all damage to their bicycle with photos
- Provide the purchase order/receipt for the bike
- Get estimates from a bike shop to repair the bicycle
Even smaller repairs can add up. Make sure to include all costs related to fixing or replacing your bike.
Personal Items
In addition to your bike, other items may have been damaged in the accident. This could include your helmet, phone, or other belongings. These costs should be included in your claim – with receipts.
Non-Economic Damages
This is where a bike accident case can get complicated.
Non-economic damages do not have receipts, invoices, or estimates attached to them. They primarily refer to the victim’s personal struggles as a result of the accident. In our experience, these are the most difficult damages to negotiate for – as the at-fault party’s insurance companies usually work to downplay the severity. These damages involve:
Pain and Suffering
Pain and suffering is characterized by physical and emotional pain.
Compensation for pain acknowledges the physical toll of the accident. For instance, you may struggle to move around your home, go up/down stairs, or perform basic chores due to the pain. This is a direct impact on your quality of life – and you deserve to be adequately compensated for it.
Beyond physical pain, bicycle accidents can lead to emotional anguish. For example, if cycling was one of your favorite activities before the accident, simply getting on a bicycle may lead to anxiety or PTSD. These non-economic damages recognize the mental impact of an accident.
Loss of Enjoyment of Life
Injuries from a serious bike accident can limit your ability to enjoy life as you once did. This might include hobbies, exercise, or time with family. For example, let’s say you loved to play basketball with your friends on the weekends. Suffering a spinal cord injury from the accident can make this activity impossible – reducing your quality of life.
Compensation for loss of enjoyment works to address these changes, considering how your life has been altered by the accident.
Social and Personal Impacts
This is a big one.
Bicycle accident injuries can strain relationships. For example, if you suffered a brain injury that left you mentally handicapped, your ability to engage with loved ones may be severely affected. In this situation, you deserve the maximum compensation to account for the drastic change in your life.
Punitive Damages
Punitive damages are typically involved in extreme bicycle accidents – in which the at-fault party’s reckless behavior leads to the incident. Here are a few examples where punitive damages may be factored into bicycle accident lawsuits:
- The driver was heavily intoxicated at the time of the accident
- The driver was going significantly above the speed limit when they collided with the bicyclist
- The driver intentionally hit the bicyclist on the road
Motorists have a duty to protect others on the road. Punitive damages are intended to punish the at-fault party for behaving irresponsibly and posing a threat to others around them.
These damages aren’t awarded in every case. However, they can significantly increase the total compensation if applicable.
The Primary Role of a Bicycle Accident Attorney
Gathering Evidence
All compensation in bicycle accident injury claims hinge on evidence – and the investigation of the crash. Attorneys are responsible for gathering and reviewing:
- Police reports
- Accident scene details
- Data from devices
- Insurance information
- Accident reconstruction analysis
- Photos/videos of the accident (if applicable)
- Witness statements
Gathering evidence is extremely difficult without an attorney. Additionally, many items can be overlooked, which may weaken your case. An experienced bicycle accident attorney will look at the whole picture and make sure no stone is left unturned.
Calculating ALL Damages
Many victims of bicycle accidents are facing this situation for the first time. Compensation in these cases involves many moving parts – some of which is difficult to quantify. An attorney will add up all the economic damages incurred, as well as work with you to understand the depth of your personal struggles – placing a monetary value on the non-economic damages.
Additionally, a lawyer will help determine if punitive damages are worth pursuing in your case.
Negotiating with Insurance Companies
This is THE most difficult part of a personal injury lawsuit. The process to earn rightful compensation involves tedious negotiations with insurance companies – which may be your own provider or the at-fault party’s.
Keep in mind, insurance companies commonly work to minimize their payout for the accident. A skilled bicycle accident lawyer understands these negotiation tactics and will fight for every dollar you are owed.
Without an attorney, you may end up settling for less than you deserve. Many insurance providers will not even negotiate with victims if they do not have an attorney.
Hire an Experienced Denver Bicycle Accident Lawyer
If you’ve been injured in a bicycle accident, your primary focus needs to be getting your life back in order.
Recovering from a bicycle accident is hard enough without worrying about finances. Working with a skilled Colorado bicycle accident lawyer is critical to getting the settlement you deserve.
Whether it’s medical bills, lost wages, or emotional distress, a lawyer’s duty is to make sure every aspect of your case is covered. If you’ve been injured in a bicycle accident in Colorado, Manning Herington Accident & Injury Attorneys is here for you.
We offer FREE consultations to help victims understand their situation – and their path to earning a settlement. Send us a message online or call 720-515-3191 to get started.
