When you pursue a bike accident settlement, one of the first and most important things that you and your attorney will do is to collect evidence. Evidence is what will support your claims for the amount of the settlement you are asking for, as well as the extent to which you were at fault for the accident (if at all) versus the driver.
For example, if you are in an accident with a car on your bike and have $5000 in injuries but were 20% responsible for the accident, you would theoretically only get $4000 in damages. How much can I claim for a bike accident?
But filing a personal injury lawsuit is usually a last resort where the insurance company is low balling your claim or is denying it outright. However, bear in mind there are cases where the bicyclist could be partially at fault for the accident.
If you’ve been hit by a car while riding your bike, you may have heard that you can pursue a legal case in order to recoup some or all of the losses you incurred as a result of the crash. And if you’re like most people, you’ve probably wondered if it’s actually worth it.
A car hit a middle-aged biker at an intersection. He broke his leg – a tibial plateau fracture. Even though it healed perfectly without treatment, the personal injury attorney got him a $33,000 settlement for pain and suffering.
Generally, yes. If you were hit by a car on your bike and the driver was at fault, you can file a claim with that driver’s insurance company. You have to prove the driver was at fault. Then you can negotiate a reasonable and fair payment for your injuries and losses from that insurance company.
But some of these accidents are less clear cut. Also, you must have suffered an injury to file a claim or to file a lawsuit against the driver who hit you. Usually, you would file a claim with the driver’s insurance company; a lawsuit is usually a last resort when the negotiation process breaks down.
Generally speaking, from a personal injury perspective, being struck by a car while riding a bike is no different than being in a traffic accident while driving a car. Cyclists share the road with cars and are entitled to most of the same rights when it comes to personal injuries suffered while riding. As long as you were not at fault and another driver or responsible party was, you should be able to file a bicycle injury lawsuit against those responsible for the cost of your medical bills, damage to you bicycle, and other damages.
What bike accident settlements cover. The money you receive in a bike accident settlement is coverage for what are called “damages”. Damages are the costs that you have paid, or the losses you have incurred, as a result of the crash. There are two primary kinds of damages: economic and non-economic. Economic damages are obvious: if you have $10,000 ...
How bike accident settlements are determined. When you pursue a bike accident settlement, one of the first and most important things that you and your attorney will do is to collect evidence. Evidence is what will support your claims for the amount of the settlement you are asking for, as well as the extent to which you were at fault for ...
A great piece of evidence that you can keep is a post-crash diary. As soon after the crash as you can, start recording everything can are experiencing, as well as what you can remember from the crash. The more details the better — you never know what will be important in determining the success of your case.
Most attorneys take 1/3 of the settlement amount as their fee. They will also use the settlement funds to pay off any liens or other financial obligations you have as a result of the case. Once the required payments have been made, then your attorney will give the remaining funds to you.
If you’ve been hit by a car while riding your bike, you may have heard that you can pursue a legal case in order to recoup some or all of the losses you incurred as a result of the crash. And if you’re like most people, you’ve probably wondered if it’s actually worth it.
If you are ready to pursue a bike accident settlement, or just want to discuss your case with an experienced attorney, call Bay Area Bicycle Law now for a free consultation. 415-466-8717.
If you have hired an attorney, the insurance company will most likely send a check that is made out to them. That is because they have been acting on your behalf in the case, and will take their fee from that amount before transferring it to you. Most attorneys take 1/3 of the settlement amount as their fee.