Dax Janel Valencia
According to the U.S. CDC, despite bicycle trips making up only 1% of all trips in the United States, cyclists account for over 2% of people killed in motor vehicle crashes. Every year, these incidents claim the lives of almost 1,000 bicyclists and injure over 130,000.
If you or someone you care about was cycling when a motorist crashed into and injured you, you may be eligible for compensation. You can file a bicycle accident compensation claim against the at-fault driver or other negligent parties involved.
Read on, as we’ve shared practical insights about pursuing legal compensation for bicycle accidents in this FAQ.
When Can You Make a Bicycle Accident Compensation Claim?
You can file a bicycle accident compensation claim if you suffered injuries or losses (e.g., property damage) as a result of someone else’s negligence.
Negligence means one’s failure to behave or exercise a level of care that a reasonable individual would have done under the same circumstances. Negligent parties breached their duty of care, resulting in harm to the victims.
In a bicycle accident, there may be more than one negligent party. Examples include:
- A motorist who pulls out in front of a bicyclist
- A driver who fails to leave enough space as they overtake a cyclist
- A motor vehicle operator who crashed into a bicyclist because they were texting while driving or under the influence of alcohol or drugs
- Other cyclists who ride recklessly
- Pedestrians who cause obstructions
- Local authorities or agencies that neglect to perform road repairs under their jurisdiction
Is There a “Deadline” for Filing a Bicycle Accident Claim?
Yes.
One of the crucial timelines you must be aware of when filing a bicycle accident compensation claim is the statute of limitations. It’s the legal deadline for plaintiffs (the parties taking legal action) to file a claim or lawsuit against defendants (the negligent or at-fault parties).
The deadlines for injury claims, including bicycle accidents, vary from state to state. Here are some examples:
- Tennessee (Tennessee Code § 28-3-104): One-year deadline from the time the bike accident or injury occurred
- Florida (Florida Statutes Title VIII, Chapter 95): Two-year timeline for most negligence-based cases
- Maine (Maine Revised Statutes Title 14, Section 752): Six-year deadline for most civil actions, including those arising from bike accidents
It’s crucial to familiarize yourself with your state’s statute of limitations because missing the deadline generally means losing your right to pursue legal compensation.
What Does a Bicycle Accident Settlement Payout Cover?
The settlement payout for a bicycle accident can cover special damages and general damages. In rare cases, courts may require defendants to pay punitive damages.
Special Damages
Special damages refer to compensation for a plaintiff’s quantifiable losses. Also known as “economic damages,” they compensate victims for:
- Current and future medical expenses, such as hospitalization, doctor’s fees, prescription medications, and therapies
- Lost income (previous and potential)
- Property damage, including repairing or replacing bicycles and other personal items damaged in the crash
Special damages are the most straightforward type of compensation to pursue, as you can prove them with documents like hospital bills, payment receipts, and medical records.
General Damages
Many bicycle victims experience unquantifiable losses that are challenging to assign a monetary value to. The role of general damages is to compensate victims for these non-economic losses. They cover:
- Pain
- Suffering
- Loss of amenity
- Loss of or reduced enjoyment of life
Punitive Damages
Also known as “exemplary damages,” punitive damages are monetary awards that courts require defendants to pay victims. They are more of a punishment than compensation. Their goal is to deter defendants (and others) from conducting egregious behavior in the future.
Courts usually reserve punitive damages for cases in which the defendants’ actions were particularly malicious or showed a reckless disregard for others’ safety. An example is if a driver crashed into and injured a cyclist because they were operating their motor vehicle while under the influence of drugs or alcohol, and were also speeding because they were racing with another driver.
Is It Possible to Have a Claim Denied?
Yes.
Insurance companies have the legal right to deny claims, with common reasons being:
- Lapsed insurance coverage
- Policy inclusions
- Disputes surrounding negligence and fault
- A lack of evidence that proves negligence or fault
Some insurers may also deny claims illegally. An example is committing bad faith insurance practices. According to Investopedia, an insurer can do this by failing to process a claim within a reasonable period or even outright refusing to pay legitimate claims.
Should You Consider Hiring a Bicycle Accident Lawyer?
In many bicycle accident cases, hiring a personal injury lawyer is a wise move, especially if they involve:
- Severe injuries and property damage
- Unclear or disputed liabilities
- Multiple potential liable parties (e.g., two or more drivers plus government agencies who may have neglected road work)
- Complex legal issues, such as those involving commercial vehicles
- Bad faith insurance tactics
If your bicycle accident, or that of a loved one, involves one or more of the above factors, consider reaching out to a personal injury attorney for cyclists. Many lawyers who practice personal injury law offer free, non-obligatory initial consultations. Most also operate on a contingency basis, also known as a “no-win, no-pay” arrangement.
Your lawyer can help from start to finish: from gathering evidence, such as accident scene photos and witness statements, to filing the claim and negotiating with insurers. They may also take the case to court if the at-fault party and their insurer don’t want to pay a fair settlement amount.
With a personal injury lawyer on your team, you can focus on healing and recovery while having peace of mind knowing that a legal expert is advocating for your rights.
Focus On Recovering After a Bicycle Accident
A bicycle accident can cause severe injuries that may require days, even weeks or months of therapy and recovery. If you or someone you care about is facing such a dilemma because of someone else’s actions or negligence, it’s your right to pursue them for compensation. Consider delegating your case to a personal injury attorney; this way, you can focus on healing and recovering from your injuries.
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