You may recover compensation if a bike accident with a car, truck, or other cyclist injures you.
To do so, experienced bicycle accident lawyers who understand the unique challenges and legal complexities of these cases can help.
At William Mattar Law Offices, we strive to empower injured parties with the knowledge needed to confidently pursue a personal injury claim with the help of our experienced lawyers.
Bicycle Accident Statistics
Approximately 130,000 bicyclists are injured on U.S. roads annually. Nearly 1,000 of those result in death.
The cost of bike accidents in the USA totals $23 billion when medical expenses, lost wages, and diminished quality of life are considered, according to the CDC.
These numbers highlight the seriousness of bike accidents and the need for proper compensation.
What Causes Bicycle Accidents?
Negligence or recklessness cause most bike accidents, including:
- Distracted driving
- Failure to yield the right of way
- Speeding or reckless driving
- Poor road conditions or maintenance
- Defective bicycle or equipment
As a result of these careless actions, bicyclists may face exorbitant medical bills and lost wages that are not covered by no-fault insurance, and lasting physical and emotional damage. A lawyer can help you recover these compensatory damages in a third-party suit against the at-fault motorist.
Where Do Bicycle Collisions Occur?
Common locations for these accidents include:
- Intersections: Many accidents occur at intersections due to drivers failing to yield the right of way or simply not seeing the bicyclist.
- Sidewalks and crosswalks: Drivers often fail to yield to bicycles when turning or exiting near sidewalks and crosswalks, resulting in catastrophic injuries for cyclists.
- Roadways with no designated bicycle lanes: Without a dedicated space for cyclists, they are forced to share the road with motor vehicles, increasing the risk of accidents.
Understanding the location of your accident can significantly impact your claim and the compensation you may be entitled to.
For example, if your accident occurred at an intersection where the driver failed to yield, this will indicate negligence on the driver's part.
At William Mattar Law Offices, our experienced lawyers can thoroughly investigate your case to determine liability and help ensure that all responsible parties are held accountable for their actions.
What Are Common Injuries in a Bicycle Crash?
Understanding the types of injuries sustained can provide deeper insight into potential damages and compensation.
Common injuries in bike accidents include:
- Head injuries, including concussions, traumatic brain injuries, and skull fractures
- Spinal cord injuries, which can result in paralysis or loss of motor function
- Broken bones and fractures, particularly in the hands, wrists, arms, and legs, as these are often used to brace for impact during a fall.
- Road rash, which can lead to scarring and disfigurement
- Soft tissue injuries, such as whiplash, which can diminish physical capabilities and limit employment options
In addition to physical injuries, bicyclists may also suffer from emotional distress, such as anxiety or post-traumatic stress disorder (PTSD) following an accident.
What Compensation Can I Receive After A Bicycle Collision?
Factors Affecting Your Total Settlement Award
Because there is no set standard for personal injury compensation, the amount you may receive will depend on several factors, including:
- The impact of injuries on your quality of life
- The level of negligence on the part of the at-fault driver
- The circumstances surrounding the accident, including location and road conditions
- Any pre-existing conditions or prior injuries that may have been aggravated by the accident
In addition to the work done by experienced bicycle accident lawyers, these factors will ultimately determine how much you can receive for economic and non-economic damages.
Recoverable Economic Damages
In a bike accident claim, you may recover economic damages not covered by no-fault insurance, including:
- Costs for emergency medical services such as ambulance rides, on-scene paramedic care, and ER treatment
- In-patient hospital expenses, including surgical procedures, medical imaging, tests, and overnight stays
- Outpatient medical care, including doctor's visits, physical therapy, occupational therapy, and other rehabilitative services
- Costs of medication or durable medical equipment (DME) necessary for your recovery
- Lost wages from time missed at work due to injuries or treatment
- Diminished earning potential if the accident resulted in lasting disabilities that impact your ability to work
- Funeral and burial expenses if the accident resulted in death
Just because you have accumulated these economic damages does not make it easy to recover them alone.
With insurance companies working hard to deny and minimize claims, hiring an experienced bicycle accident attorney can make all the difference in receiving fair compensation.
Recoverable Non-Economic Damages
More complicated to quantify but just as important, non-economic damages resulting from an accident may include:
- Pain and suffering, including physical pain resulting from injuries as well as emotional distress such as anxiety, depression, or PTSD
- Loss of enjoyment of life due to disabilities sustained in the accident.
- Loss of consortium if your injuries have affected your relationship with a spouse or partner, who may have a cause of action of their own
An experienced personal injury law firm can help you navigate these restrictions and fight for maximum compensation for you and your family.
Recoverable Punitive Damages
You may also receive punitive damages if the at-fault party acted with malicious intent or extreme negligence. Examples include reckless driving behaviors and driving while intoxicated, especially where the person had prior instances of driving while intoxicated or was extremely intoxicated.
While not all cases will be awarded punitive damages, which aim to deter similar future conduct, some factors that may make this possible include:
- Drunk driving or other forms of reckless behavior on the part of the driver
- Reckless actions such as purposely swerving towards a cyclist or failing to yield despite clear visibility
- Road rage or other aggressive behaviors
An experienced bicycle accident lawyer can determine if punitive damages apply in your case.
What Are Common Obstacles to Receiving Maximum Compensation for a Bike Accident?
Insurance Companies
It is no secret that insurance adjusters work diligently to minimize payouts for accident claims, at the expense of victims. This may involve tactics such as:
- Blaming the victim for contributing to the accident (e.g., not wearing a helmet or reflective clothing)
- Downplaying severity of injuries sustained
- Offering lowball settlements early on in hopes of avoiding large payouts later on
- Claiming injuries were pre-existing conditions or unrelated to the accident
- Delaying or denying claims altogether
Without proper legal representation, you may fall victim to these tactics and receive far less than you are entitled to.
An experienced bike accident lawyer can help combat these obstacles and advocate for you to receive maximum compensation.
Statute of Limitations
The statute of limitations refers to the limited time you have to file a claim after an accident occurs. You may lose your right to seek compensation if you miss this deadline.
The exact timeline varies by state. For example, you have three years from the accident date in New York to file a personal injury claim.
Though this seems like a long time, consider the many factors that can delay filing and decrease your chances of maximum compensation:
- Accident injuries are so severe that the victim is unable to immediately begin the claims process
- Injuries are not immediately noticeable and take time to manifest
- The victim has a lengthy recovery or requires multiple surgeries and treatments
To ensure your right to seek compensation is protected, it is advisable to secure the help of an experienced personal injury lawyer.
While they begin the legal process of securing maximum compensation, you can focus on recovering from your injuries without worrying about strict deadlines.
How Can A Bike Accident Attorney Help Me With My Case?
A bicycle accident attorney can provide valuable assistance and support in many ways, including but not limited to:
- Investigating the Accident: With experienced legal professionals investigating the accident, recovering vital evidence that minimizes fault and maximizes compensation is much more likely.
- Calculating Damages: An accident injury lawyer can help determine the full extent of your damages and ensure that all potential forms of compensation are considered.
- Negotiating with Insurance Companies: Experienced bicycle accident lawyers know how to handle insurance adjusters and negotiate for fair compensation.
- Representing You in Court: If a fair settlement cannot be reached, an experienced bike accident attorney can represent you.
- Providing Peace of Mind: A bicycle accident attorney can take on your stressful legal burden and provide peace of mind, allowing you to focus on healing.
An experienced personal injury law firm will seek maximum compensation for the accident.
William Mattar Law Offices | Recover Maximum Compensation With A Bicycle Accident Lawyer
When negligent or reckless actions threaten your safety and well-being, turn to the experienced attorneys at William Mattar Law Offices.
Our team of experienced personal injury lawyers has a proven track record of securing maximum compensation for bicycle accidents.
Want to learn more about how much your bicycle accident case is worth? Schedule a free case evaluation online to speak with our personal injury law firm.
Bicycle Accident Claim FAQs
What should I do after a bike accident in New York?
After you are out of harm's way and receive medically necessary treatment , you should consider calling a lawyer as soon as possible after the accident. The sooner they can investigate, gather evidence, and contact insurance companies on your behalf, the better.
Do I really need a bike accident lawyer?
Yes. Insurance companies make it challenging to navigate claims without proper legal knowledge and experience. In most situations, an experienced accident injury lawyer can protect your rights and ensure you receive fair compensation for your injuries.
What do I do if an insurance adjuster for the at-fault motorist contacts me?
Different claims arise after a bicycle accident. For example, if you were injured in a bicycle accident, you may have multiple claims with the insurance company for the at-fault motorist, including no-fault and bodily injury liability claims. This can be a confusing time. If you have any questions or hesitation about dealing with the insurance company or companies, refer them to your attorney and do not give statements or accept settlements before consulting with a lawyer first. Insurance adjusters may use anything you say against you or offer lowball settlements that do not cover all of your damages.