Bicycle accidents can have devastating consequences, resulting in serious injuries and property damage. There were in the United Statesover 900 dead cyclists in 2020 alone, and thousands of others suffered injuries due to accidents. Victims may be entitled to compensation for their injuries and other losses when a bicycle accident occurs.
On this page, we'll take a closer look at the legal process for bicycle accident claims, including the steps involved in filing a lawsuit, gathering evidence, and negotiating a settlement. We will also provide information on average settlement amounts for bicycle accident cases and some common factors that can affect the final settlement amount. In addition, we will provide a list of legal resources available to bicycle accident victims, including local bar associations, bicyclist advocacy groups, and state departments of transportation.
Our goal is to provide victims with the information and resources they need to protect their legal rights and seek fair compensation for their injuries and losses. Whether you are a bicyclist who has been injured in an accident or the loved one of someone who has been injured as a result of a bicycle accident, this site will provide valuable insights into the legal process and the resources available to help you through it.
Do I need a bicycle accident lawyer?
Hiring a bicycle accident attorney is a personal decision, but it can help individuals obtain compensation for their damages. There are many reasons why hiring a bicycle accident attorney can be beneficial, including the following:
Insurance Issues: A lawyer can help manage the complicated process of dealing with insurance companies and ensure that the victim receives fair compensation for their damages and injuries.
Proving Liability: A lawyer can investigate the accident and gather evidence to build a case and prove who is at fault. This could be particularly important if the person has been hit by a car, as the driver may argue who is at fault.
Medical Assistance: A lawyer can help people access medical treatment and ensure that they receive adequate compensation for their medical and other related expenses.
Negotiate a settlement: If a person has suffered significant damages and injuries, an attorney can negotiate with the insurance company to reach a settlement that gives them adequate compensation.
Representation in court: If the victim's case goes to court, a lawyer can represent them and defend their rights.
(Video) What is the Average Amount of a Car Accident Settlement?
Hiring a bicycle accident attorney can have many benefits; the above list is just a few examples. It's always a good idea to consult with an attorney as soon as possible after an accident to determine what steps you need to take to protect your rights.
Bicycle Accident Lawsuits: What to Expect
Filing a bicycle accident claim can be a complex process and it is important to be prepared for what to expect in a claim settlement. Here is a list of key steps and considerations to guide you through the process. While the specifics of each case may vary, this list provides a general overview of the main stages of a bicycle accident lawsuit. By understanding the process, you can be better prepared to make informed decisions and work with your legal team to achieve a favorable outcome.
Investigation and collection of evidence
The investigation and evidence-gathering step is a crucial part of a bicycle accident lawsuit because it determines the strength of the case and sets the stage for negotiations and potential litigation.
The duration of this step can vary greatly depending on the complexity of the case, the number of witnesses and other parties involved, and other factors. This step can take several months to a year to complete. Similarly, the costs associated with this step can vary, but the person's lawyer will often bear these costs as part of the representation. This may include the cost of hiring experts, obtaining medical records and conducting other investigations.
This step is usually time-consuming and expensive for victims with significant impairments and injuries. In these cases, the attorney may need to conduct a more thorough investigation and gather more evidence to support the client's claims.
Duration | A few months to a year |
Costs | They are usually handled by the person's lawyer as part of the representation |
Submitting a complaint
Filing a complaint is the formal step in a bicycle accident lawsuit and marks the beginning of the legal process.
This step often takes from a few weeks to a few months. The length of time may depend on the complexity of the case, availability of the court and other factors. Additionally, the costs associated with filing a complaint can vary, but most attorneys will cover these costs as part of their representation. In some cases, the court may charge a filing fee, ranging from several hundred to several thousand dollars, depending on the jurisdiction and the amount of the claim.
Duration | A few weeks to a few months |
Costs | They are usually handled by the person's lawyer as part of the representation |
Discovery process
After filing a complaint, the discovery process begins. This involves exchanging information and evidence between the two parties and taking statements, also known as affidavits, from witnesses and other parties involved in the case.
This step often takes several months to a year. The length of time may depend on the complexity of the case, the number of witnesses and other parties involved, and other factors. Your lawyer may bear all costs incurred as part of his representation. These costs may include, but are not limited to, fees for obtaining medical records, taking depositions, and hiring experts. In some cases, the court may require the parties to pay certain costs, such as the production and exchange of documents.
Duration | A few months to a year |
Costs | These are usually handled by the person's lawyer as part of the representation, and additional costs may include the production and exchange of documents. |
Settlement negotiations
The settlement negotiation step is an opportunity for parties involved in a bicycle accident lawsuit to resolve their dispute without going to trial. The duration of this step can vary greatly, but in most cases it can take several weeks to several months. It depends on the complexity of the case and the willingness of the parties to come to an agreement.
The costs associated with settlement negotiations are usually lower than those associated with trial because they do not require the parties to go through the entire legal process. However, parties may still incur costs, such as hiring an expert or negotiating with an insurance company. The person's lawyer usually bears these costs as part of the person's representation.
In some cases, the parties may reach an agreement during settlement negotiations, and the case will be resolved without a trial. In these cases, a person can receive compensation for damages and injuries faster than if they had gone to trial.
Duration | A few weeks to a few months |
Costs | These are usually handled by the person's attorney as part of the representation, and additional costs may include hiring an expert or negotiating with the insurance company. |
trial
The trial stage is the final stage of the legal process, in which a judge or jury decides the case after the formal presentation of evidence and arguments from both sides.
In most cases, the trial can last from several days to several weeks. However, the length of time may depend on the number of witnesses and evidence presented and the complexity of the case.
The costs associated with a trial can be substantial. These may include court fees, the costs of hiring an expert, the costs of creating and exchanging documents and other costs. These costs can vary greatly depending on the complexity of the case and the length of the trial. The victim's attorney will often bear these costs as part of their representation, and they may recover some of these costs as part of a settlement or judgment.
In addition to the financial costs, going to trial can be emotionally draining and stressful. The victim must testify in court and be cross-examined by the other party's attorney. It is therefore important to be prepared for the possible impact of the trial on your well-being and mental health.
Duration | A few days to a few weeks |
Costs | These are usually handled by the person's lawyer as part of the representation, and additional costs may include court fees, the hiring of experts, and the production and exchange of documents. |
Call
If either party is not satisfied with the outcome of the trial, they may decide to appeal the decision. This includes asking a higher court to review the case and potentially overturn the lower court's decision. However, appeals are generally not guaranteed, and a higher court may decide not to hear a case or may uphold a lower court's decision. In addition, a party may appeal only on certain legal grounds, such as errors of law or the admission or exclusion of evidence, and not on factual disputes.
The appeals process is generally longer than the court process because it involves written submissions and oral arguments from the parties involved. In most cases, it takes several months to a year. Costs can also be substantial, requiring parties to pay additional legal fees and costs. Sometimes the losing party may be required to pay the other party's attorneys' fees and costs.
Duration | A few months to a year |
Costs | Requests additional legal fees and costs, including fees for preparing written submissions, hiring experts and paying for oral arguments |
Average settlements for bicycle accidents
Biking accident settlements can vary widely depending on a variety of factors, including the severity of injuries, the extent of property damage, and the specific circumstances of the accident. Jurisdiction can also affect settlement amounts, the insurance companies involved, and the skills of the attorneys representing the parties.
Head injuries
Head injuries are a common and potentially serious consequence of bicycle accidents. A blow to the head can cause a variety of injuries, including concussions, traumatic brain injuries (TBI), and skull fractures. In addition, even a seemingly minor head injury can have long-term and sometimes permanent effects on an individual's physical and cognitive functioning. For these reasons, head injuries often have the highest alignment, ranging from2.8 million dollarsto worse than9.1 million dollars.
Spinal cord injuries
Spinal cord injuries (SCI)are critical and potentially important consequences of bicycle accidents. The spinal cord is a bundle of nerves that run from the brain down the back, carrying signals between the brain and the rest of the body. When the spinal cord is damaged in a cycling accident, it can lead to a variety of complications, including paralysis, difficulty breathing, loss of bowel or bladder control, and sexual dysfunction. Victims may also experience soft tissue injuries of the neck, compression fractures, or herniated discs.
The average SCI settlement can vary widely, but typically falls between $10,000 and $350,000.
Internal injuries
Internal injuries, inclinternal bleeding, are another potential consequence of bicycle accidents, and can vary in severity from mild to life-threatening. An internal injury is any injury that occurs to organs inside the body, such as the liver, spleen or kidneys. In a bicycle accident, internal injuries can occur from the impact of a crash or the force of the body hitting an object, such as the handlebars or the pavement.
Internal injuries can be acute and life-threatening, especially if undiagnosed or untreated. As a result, the value of a bicycle accident claim can vary greatly depending on a variety of factors unique to each case. Some claims are worth a few thousand dollars and others exceed a million dollars.
Legal resources for victims of bicycle accidents
Bicycle accidents can cause serious injury and property damage; victims must know their legal rights and options. In addition to medical care and contacting insurance companies, there are several legal resources available to help victims of bicycle accidents seek compensation and justice. Here are some resources that can be helpful to those who have been involved in a bicycle accident.
Local bar associations
The local bar association is a professional organization for lawyers that can be a useful resource for bicycle accident victims. First, they can make referrals to personal injury attorneys who have experience in similar cases. They can also offer legal information and resources, including information leaflets, legal process guides and referrals for legal aid in the community. Some local bar associations offer free legal clinics where individuals can meet with attorneys to discuss their cases and get legal advice. Other bar associations have pro bono programs that provide free legal services to low-income individuals.
League of American Bicyclists
League of American Bicyclists (LAB)has been working since 1880 to promote cycling for transportation, recreation and fitness. The organization offers bicyclists a variety of resources and services, including advocacy efforts, educational programs, and legal support for bicycle accident victims.
LAB's legal support is provided through its Bicycle Friendly America program, which offers legal guidance to bicycle accident victims, including information about legal rights and options and referrals to local attorneys with experience in these cases. In addition, LAB offers a range of resources for safe cycling, including safety tips, information on cycling laws and training programs for cyclists of all ages and skill levels. This organization also advocates for policies and infrastructure improvements that promote safer and more accessible cycling.
Department of Transport
Your countryMinistry of Transport (DOT)can be a useful legal resource for victims of bicycle accidents in several ways. First, they offer resources for safe cycling, including educational materials about cycling laws and safety tips. State DOTs are responsible for maintaining roads and transportation infrastructure, so if an accident occurs in dangerous road conditions, DOTs can be held liable. By reporting such problems, cyclists can help draw attention to potential hazards and advocate for improvements to make roads safer for cyclists. State DOTs can also advocate for policies and programs that promote safer bicycling and better infrastructure, collect data on bicycling accidents, and refer victims to legal resources if needed.
FAQs
How do you calculate settlement amount? ›
The general formula most insurers use to measure settlement worth is the following: (Special damages x multiplier reflecting general damages) + lost wages = settlement amount.
How long do most accident settlements take? ›It can take several weeks to a few months to secure a settlement check from the at-fault driver's auto insurance company. Insurance companies typically require drivers to report accidents as soon as possible, typically within a few days.
How much is a personal injury settlement worth? ›The settlement value of a variable payout contract is the amount of contract value remaining, based on whether it was bought or sold. The difference between the price at which the contract was bought or sold, and the settlement value, determines the profit or loss (excluding any applicable exchange fees).
What is average car accident settlement in North Carolina? ›The Average Car Accident Settlement in N.C. (and a Whole Bunch of Disclaimers) According to the limited data available, the average car accident settlement in North Carolina may be about $20,000.
How much should I ask for a settlement? ›To get a general idea of settlement, add up the costs in medical bills, damages, and lost wages, and multiply the sum by three. This may be around the amount in the settlement you can receive after a car accident. Compensation for pain and suffering is only given to those who are injured in a car accident.
What is a reasonable settlement figure? ›The initial demand has to be big enough so that you have room to negotiate. If, for example, you want to settle the case for $80,000, and you demand $90,000, you have very little room to maneuver. As a general rule, your initial demand should be at least twice what you are looking to settle the case for, if not more.
What are the chances of getting a settlement? ›Estimates vary, but somewhere between about 95% of civil cases reach settlements at some stage. And a settlement can be reached at literally any stage of the case — from before the case is even filed to after the case is over (when the winning side will offer to settle to prevent the losing side from appealing).
How long does it take for a claim to be paid? ›From the day your compensation amount is settled, it could take up to 28 days for you to receive your payout. But in many cases, it will be much faster. You may be able to get your compensation within just a few days of your settlement being agreed with certain insurers.
How long does it take for insurance claim settlement? ›The time limit set for the claim settlement process by the IRDAI is within 30 days of raising the claim. Most insurance companies settle the claims within 10 days. Read on to know everything about the claim settlement process.
What is the most money awarded in a lawsuit? ›1998 – The Tobacco Master Settlement Agreement - $206 Billion. The Tobacco Master Settlement Agreement was entered in November 1998 and is still the largest lawsuit settlement in history.
How long does it take to negotiate a settlement? ›
Overall, the settlement negotiation process typically takes a few weeks to a few months. If all goes well, you and the other party will agree to a fair settlement for your damages.
What is the largest slip and fall settlement? ›The largest settlement ever awarded in a slip and fall lawsuit was over 20 million dollars. This amount was awarded to the plaintiff, an elderly woman who suffered severe injuries after slipping on a wet tile floor in a hotel lobby.
How long does an insurance company have to settle a claim in North Carolina? ›State Law - Law requires claims to be paid within 30 days of receipt of the claim. If additional information is requested, the claim must be paid 30 days from receipt of the information. If requested information not received within 90 days, the insurer must deny the claim.
How much can someone sue for a car accident in NC? ›North Carolina Damage Caps
North Carolina applies “damage caps” which limit the amount you may recover on a personal injury claim. North Carolina's damage caps limit punitive damages to $250,000, but otherwise only apply to claims for medical malpractice.
In simple terms, a car finance settlement, also known as an early settlement figure, is the total amount of money you still need to pay to your lender in order to fulfil the financial commitment of your loan. This figure will be given to you by your lender should you wish to repay the remainder of your loan in one go.
What is an acceptable settlement offer? ›Typical debt settlement offers range from 10% to 50% of the amount you owe. Creditors are under no obligation to accept an offer and reduce your debt, even if you are working with a reputable debt settlement company.
How do I ask for a bigger settlement? ›- How Do Lawyers Negotiate Settlements? ...
- Hold Onto Everything. ...
- Open an Insurance Claim in a Timely Manner. ...
- Estimate the Value of Your Claim Carefully. ...
- Write an Effective Demand Letter. ...
- Reject the Insurer's First Offer. ...
- Highlight Facts that Benefit You. ...
- Remain Calm During Negotiations.
Use positive, respectful and generous negotiating behavior to engender it in return and make it easier to influence the other side into accepting settlement proposals. Express a desire to meet the needs of the opposition so that they can repay the favor by meeting your needs.
What determines the size of a settlement? ›A settlement's population size, its geographic area, its status, and the availability of services can all affect this hierarchy. Position in a settlement hierarchy can also depend on the sphere of influence.
What is the average settlement payment? ›What is the average settlement agreement amount? Settlement Agreement amounts depend from case to case. There is no legal minimum for Settlement Agreement payments, but in the event of compensation for termination of employment, between two and three months' gross salary is about average.
How long do most personal injury cases take? ›
Though, with serious injuries, it still usually takes multiple months, even in the fastest cases. The timeline in your specific case could vary considerably; it could take a year or it could take 4 months, some cases may even take as much as two years.
Why do lawyers often try to negotiate a settlement? ›Generally, it is best to negotiate rather than litigate if at all possible. Most disputes can be resolved if two people will just remain reasonable and try to bargain for an agreement. Doing so also has the benefit of avoiding expensive attorney fees and litigation costs.
Does a settlement always include money? ›A good settlement agreement will include a fair amount of money and be detailed and specific. It should include details such as a timeline of the events leading up to the settlement, a release from future claims, and a clause to ensure payment is made in full within a specific timeframe.
Why does it take so long to get a settlement? ›There are many reasons why your car accident or personal injury settlement is taking so long. Insurance company negotiations, reaching maximum medical improvement, investigating the crash, and determining fault can all lengthen the settlement process.
How are claims paid out? ›Once the insurance company sends an adjuster and evaluates the damage to your home, they'll pay a settlement amount in either replacement cost or actual cash value. Replacement cost gives you funds to cover the costs to rebuild your home or repair damages using similar materials.
What happens after claim is settled? ›After a case is settled, meaning that the case did not go to trial, the attorneys receive the settlement funds, prepare a final closing statement, and give the money to their clients. Once the attorney gets the settlement check, the clients will also receive their balance check.
How is compensation worked out? ›The amount of Personal Injury Compensation you can receive is calculated by adding together two types of compensation: general damages and special damages. Awarded to compensate you for the pain, suffering and loss of amenity associated with your injury.
Do insurance companies always offer a settlement? ›Unless the insurance representative has a solid reason not to pay the claim, you can almost always expect a settlement offer after filing a claim with an insurance company.
How long does it take for an adjuster to make a decision? ›Usually, you'll hear from an insurance adjuster within three days of making the claim to discuss matters. If they need to survey the damage, it can be a few more days. If you use a repair garage that is affiliated with (or at least approved by) your insurance company, the process can speed up a bit.
What to do if insurance claim is taking too long? ›But if your company is taking too long with a claim, you can also contact your state's insurance office and file a complaint. Your state's insurance office might be able to help resolve any disputes you're having with your company, and could help push the claims process forward once it's stalled.
What personal injuries pay the most? ›
Spine and Neck Injuries
These injuries can happen in car accidents and different types of accidents. The average settlement amount for spinal cord injuries is $1 million. However, we've also seen them go up to $7 million. These injuries are often caused by car accidents, truck accidents, or slip-and-fall injuries.
Large settlement can be defined as loss of ground in the downward direction due to over-excavation as a result of trenchless pipeline installation methods such as horizontal directional drilling (HDD). This can lead to the formation of voids or sinkholes above the borehole leading to borehole collapse.
What is the highest personal injury settlement? ›1. $206 Billion Dollars for The Tobacco Master Settlement Agreement.
How long does it take to get pain and suffering? ›A personal injury lawyer familiar with civil claims and lawsuits can help you better understand how compensation works. The process of receiving your compensation for pain and suffering generally takes about six weeks, but the true timeline may vary.
How many days is the average settlement? ›As a general rule, property settlement periods are usually 30 to 90 days, but they can be longer or shorter. If you're only refinancing a loan from one lender to another, the refinance settlement process is much simpler.
How long does it take for an insurance company to make an offer? ›Typically, it can take anywhere from one to two weeks for the insurance company to respond to your demand letter. Then it can take anywhere from weeks to months until you reach a settlement that you will accept. Some people accept the first or second offer, while others may accept the third or fourth counteroffer.
What is the average compensation for a slip and fall? ›Compensation for Slip and Fall Accidents. Each slip and fall case has unique circumstances, so it is difficult to determine an average settlement. However, many cases settle for between $10,000 and $50,000.
What is the largest punitive damages ever awarded? ›- $150 Billion in Burning Case. ...
- $145 Billion in Landmark Tobacco Case. ...
- $28 Billion for Los Angeles Smoker. ...
- $4.9 Billion in Auto Defect Case. ...
- $2.2 Billion in Diluted Cancer Drug Case.
The most severe shoulder injuries may have a typical settlement payout in the range of $150,0000 to $300,000 or more.
How is pain and suffering calculated in North Carolina? ›In North Carolina there is no fixed formula for placing a value on physical pain and mental suffering regardless of whether you are negotiating with an insurance adjuster or in a trial. At trial, a jury will be instructed to determine what is fair compensation by applying logic and common sense to the evidence.
What is the maximum settlement for a soft tissue injury in NC? ›
In North Carolina, you can receive up to $1 million in a lump sum settlement or a court-approved structured settlement. However, you cannot ask for an amount that's more than three times the size of your North Carolina state maximum for pain and suffering damages.
Can you sue for emotional distress in NC? ›In North Carolina, a person is liable for the intentional infliction of emotional distress when that person (1) engages in extreme and outrageous conduct; (2) the conduct was intended to cause severe emotional distress to another person; and (3) the conduct does in fact cause severe emotional distress to another person ...
What is average accident settlement in NC? ›The Average Car Accident Settlement in N.C. (and a Whole Bunch of Disclaimers) According to the limited data available, the average car accident settlement in North Carolina may be about $20,000.
How much is pain and suffering worth in a car accident in NC? ›In most personal injury cases in North Carolina, there is no limit on the amount of non-economic damages you can be awarded. However, there is a cap on pain and suffering damages in medical malpractice cases, which is $500,000.
What is the rear end collision law in North Carolina? ›In rear-end collisions in North Carolina, it is usually the driver of the vehicle who rear-ended the other car who is at fault. However, this is not always the case. In some cases, the driver in the front may be responsible for the accident.
What is the formula for settlement value? ›The general formula most insurers use to measure settlement worth is the following: (Special damages x multiplier reflecting general damages) + lost wages = settlement amount.
How is settlement price determined? ›Settlement prices are typically based on price averages within a specific time period. These prices may be calculated based on activity across an entire trading day—using the opening and closing prices as part of the calculation—or on activity that takes place during a specific window of time within a trading day.
What is the formula for pain and suffering? ›Car accident settlement pain and suffering amounts are calculated by multiplying the sum of all economic damages, like medical bills, by a number between 1.5 and 5, depending on the severity of the injuries. Pain and suffering can also be quantified with a daily amount agreed upon by the insurance company.
How do you calculate average time to settle a claim? ›To calculate an average claims settlement cycle time, take the sum of claims settlement cycle times over a certain period of time and divide that value by the total number of claims settled over the same time period.
What is settlement equation? ›ΔH = ΔHi + U ΔHc + ΔHs. ΔH = total settlement, ΔHc = consolidation settlement, ΔH = secondary compression, U = average degree of consolidation. Generally, the final settlement of a foundation is of interest and U is considered equal to 1 (i.e. 100% consolidation)
How do you calculate emotional pain and suffering? ›
The multiplier formula is the total cost of your medical bills multiplied by the multiplier, which sets the monetary amount that equates to your pain and suffering. For example, if your medical bills total $10,000 and your multiplier is 4, your pain and suffering damages would total $40,000.
What is a typical amount of pain and suffering? ›Typically, pain and suffering get based on a percentage of your special damages: usually between 1.5 and 5 times the special damages from your claim. The law does not provide guidelines concerning how to calculate those amounts.
How do you calculate physical pain? ›Under the multiplier method, a court calculates pain and suffering damages by multiplying economic damages (medical bills, lost wages, etc.) by a number between one and five to arrive at pain and suffering damages. The value of the multiplier depends on the degree of your pain and suffering.
Does pain equal suffering? ›There's a simple equation that expresses this: PAIN x RESISTANCE = SUFFERING. When we push pain away, we expend our energy in resisting things we can't usually control.
How is the money distributed when settling a claim? ›The check is usually made out in one of two ways. In most situations, the insurance company will make the settlement check out to you and to our firm. In some instances, the insurance company will want to directly pay a health insurance company or a medical provider (usually a hospital).
How do insurance companies pay out claims? ›Once the insurance company sends an adjuster and evaluates the damage to your home, they'll pay a settlement amount in either replacement cost or actual cash value. Replacement cost gives you funds to cover the costs to rebuild your home or repair damages using similar materials.
What are 4 types of settlement? ›Rural settlements in India can broadly be put into four types: • Clustered, agglomerated or nucleated, • Semi-clustered or fragmented, • Hamleted, and • Dispersed or isolated.
What are the 3 types of settlement? ›- Nucleated settlement: Close settlements that are often clustered around a central point. ...
- Dispersed settlement: Called scattered settlements. ...
- Linear settlement: Called ribbon settlements.
Settlement rate. The rate suggested in Financial Accounting Standards Board (FASB) 87 for discounting the obligations of a pension plan. The rate at which the pension benefits could be effectively settled if the company sponsoring the pension plan wishes to terminate its pension obligation.
What are the five signs of emotional suffering? ›The Five Signs encouraged people to ask if they or their loved ones were not feeling themselves, feeling withdrawn, feeling agitated, feeling hopeless or not caring for themselves. A longtime mental health advocate, Broderick discovered the program and introduced it to New Hampshire.
What is a good settlement? ›
Definition of a “Good” Offer
A good settlement offer works in your favor and puts you back in a position of favor after the settlement is made final. Settlement offers need to consider all of the factors that have touched you in relation to your losses, damages, and personal injuries.
Damages for mental anguish are a type of non-economic damages that include the grief, anxiety, depression, fear, or trauma victims experience after an accident. Mental anguish in a personal injury case is a loss sustained after an accident. If you have been hurt, you deserve to include that information in your claim.