What is the average settlement for a bicycle accident? While there is no reliable average settlement that is applicable for every bicycle accident, a serious incident may result in a larger amount compared to an accident that led to minor injuries.
Victims of a bicycle accident may face a range of injury types, complications, and consequences of such accidents. Consider the factors that contribute to the average settlement for a Salt Lake City bicycle accident lawyer.
Average Settlement for a Bicycle Accident: Severity of Injuries
A bike struck by a fast-moving vehicle creates a very high risk for serious injury and losses. If you fell off the bike and broke your arm, your losses will be much lower than those of someone who was thrown 50 feet as a result of the strike. If you have any of the following types of injuries, you are likely to see a higher level of losses:
- Traumatic brain injuries or any type of severe head trauma
- Spinal injury resulting in spinal cord damage
- Broken bones requiring surgery and resetting
- Road rash that leads to infections and disfigurement
- Emotional trauma with the onset of conditions like post-traumatic stress disorder
Severe injuries lead to higher medical costs, longer periods of time unable to work or engage in life, and a wide range of complications to a person’s well-being. With evidence of these losses, you may be able to recover damages that help you improve your future. Accuracy in documenting these injuries is critical, and a Salt Lake City personal injury lawyer can assist with your claim.
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Types of Medical Care Needed
Along with the seriousness of your injuries comes the complexity of your medical care when determining the average settlement for a bicycle accident. For a person who only needs a single trip to the local urgent care, costs may be lower than those who need more advanced care. If your treatment depends on factors such as the following, which may play a role in higher claim values:
- Surgical procedures
- Long hospitalizations
- Reconstructive surgeries
- Ongoing physical therapy and rehabilitation
- Ongoing medication
- Future medical needs
- Ongoing care from a professional
Medical care is always expensive, but for those with serious injuries, having access to quality care can be essential to rebuilding their lives. With the help of a local attorney, you can pursue full compensation that meets your current and future expected medical costs. Without these funds, you may find it challenging to meet your future needs.
Who Is At Fault in the Bicycle Accident
It is often the case that a driver is responsible for the injuries and losses that a bike rider has if the driver fails to stop and strikes the bike. However, depending on state laws, you may be held partially to blame for an accident if you did something to worsen or even allow the accident to take place. Some examples of when a bicycle rider may be partially responsible for the injuries suffered include:
- Failing to exercise reasonable care
- Not following the law on where to ride your bike, how to light your bike, or signal when turning properly
- Making unsafe lane changes in front of a vehicle
- Operating the bike under the influence of alcohol or drugs
- Riding the bike distracted, such as using earbuds
In situations where you, as the bicycle rider, are at fault for 50% or less of the fault, you may still be able to seek compensation for your losses. Your losses will be reduced by the amount of fault assigned to you by the court or police officer responding to the incident. If you are found mostly at fault, you are not able to recover damages under the law in many states.
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Comparative Negligence in Utah and Idaho
The state of Utah follows a modified comparative negligence law. This law means that if you are found partially at fault for an accident, the compensation you seek is reduced by your percentage of fault.
However, if you are 50% or more at fault, the state bars you from seeking any compensation. The same applies under Idaho Code § 6-801, with damages of 50% or higher barring you from recovering any damages.
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Non-Economic Losses in a Bicycle Accident
Another factor that plays a role in the amount of compensation owed to you in a bicycle accident is your non-economic losses, or those losses that are more subjective than medical bills.
Non–economic damages are important to seek since they can make up a large portion of the debt owed to you because of the impact these accidents have on mental and emotional health. If you have any of the following losses, you may be owed a higher level of compensation under the law:
- Onset of post-traumatic stress disorder
- Loss of engagement in life because you cannot engage in activities you enjoyed
- Loss of consortium or intimate relationships with your loved ones
- Emotional distress that contributes to your ability to function as you did
- Pain and suffering from the accident, as well as throughout the recovery process
- Disfigurement due to injuries, including scarring, amputations, burns, and others
If you believe you have non-economic losses, your attorney will work with you to try to put a value on them, based in part on the severity of the incident as well as on cases like your own. Non-economic damages are more challenging to prove, which makes it beneficial to work with a skilled attorney who will enable you to work through the process carefully.
Your Salt Lake City car accident lawyer will aid in calculating not just your current depression, stress, anxiety, and other losses but also seek compensation for future losses you are expected to have as well.
The Attorney You Hire Matters
Many other factors can impact the average settlement for a bicycle accident. That includes where you live, the cost of care in your area, and whether your injuries and losses are temporary or permanent. The skill of your attorney in negotiating and proving your losses also plays a role in the amount and type of compensation you may receive over time.
Always seek a thorough claim that includes all losses you suffered as a result of this accident. Call a bicycle accident attorney in Salt Lake City from Siegfried & Jensen today for a free consultation.
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