When you experience a bicycle accident, you might be injured, confused, or unable to work for a long time. If you have suffered due to someone else’s negligence, you might be entitled to compensation for your loss. You might be wondering about what damages are recoverable following a bicycle accident. This blog can help you learn about different categories of recoverable damages in bicycle accident lawsuits.
Consulting a Sacramento bicycle accident lawyer can further assist you in navigating your available options.
Different types of recoverable damages in bicycle accident case
Bicycle accidents impose many physical, emotional, and financial challenges on victims.Understanding the recoverable damages in a bicycle accident case is crucial if you are one of them. The damages recoverable in your case depend on the extent of the loss you incurred. In personal injury claims, damages are of two types: economic and non-economic.
Economic damages
If you experience a bicycle accident, you will likely face measurable losses, often called economic damages. These include measurable expenses. In a legal proceeding, you can seek compensation for your financial loss from an injury. Such economic damages include:
Medical expenses
Serious bicycle accidents can leave you with huge medical expenses. From emergency attention and medications to ongoing therapy, it can be challenging to manage the bills after the accident. In the aftermath, you face medical costs, including doctor fees, hospital bills, medications, etc., and you might be paying out of your pocket.
But things are different when someone else causes the accident cause they are responsible for bearing all these past, present, and future medical costs. Your lawyer can calculate immediate expenses and also articulate potential ongoing treatments.
Lost income
As the wheels of your bicycle come to a halt, so does your routine. The injuries from the accident may force you to miss work or even result in a temporary or permanent disability, impacting your earning capacity. But fear not. There is hope. You can reclaim the missed hours and potential future income affected by your injuries.
A bicycle accident lawyer knows the techniques for recovering these damages. They can help you prove your lost wages case and ensure you receive rightful compensation for your lost income.
Property damage
The scratches and other damage to your bicycle and other personal belongings may remain even after an accident. Recovering property damage is thus a remedy for the tangible losses suffered other than medical costs. For instance, your damaged belongings, like gears or accessories, can be covered. Whether your bike needs repairing or replacement, recovering property damage ensures restoring your possession.
Non-economic damages
When initiating a personal injury claim, you anticipate recovering compensation for tangible financial losses like medical bills in economic damages. However, recovering damages doesn’t end there. It also involves non-economic damages, addressing profound but less assessable losses. Any personal injury case, such as car accidents, wrongful death, bicycle accidents, and more, might include several non-economic damages. So, depending on your situation, you can recover the following damages.
Pain and suffering
Injuries resonate more than just financial repercussions. From burns to broken bones, in the aftermath of an accident, you may cope with lifelong pain. A traumatic experience can bring mental distress, leading to conditions such as post-traumatic disorder (PTSD), anxiety, phobias, or alterations in personality. Thus, the compensation here extends beyond medical bills, acknowledging the profound pain that becomes a part of your daily existence after the injury.
Impaired quality of life
Injuries can redefine your life, causing physical and emotional strains. The impact of permanent impairment, disability, or disfigurement extends beyond the immediate aftermath, leaving a mark on your quality of life. For instance, injuries may make you unable to perform the tasks you love. Thus, non-economic damages aim to compensate for such loss.
Determining liability in a bicycle accident
Victims always wonder about does car insurance covers bicycle accidents. In California, car insurance usually helps through uninsured motorist coverage or personal injury protection if a cyclist gets hurt by a car. In this state, the at-fault rule is followed, so you can ask the at-fault driver’s car insurance to compensate for things like medical bills, lost wages, and pain and suffering. Also, cyclists might have the backup from personal health insurance or insurance specifically for their bike and their own.
California law requires anyone operating a car, bicycle, or other vehicle on the road to obey all local and state traffic laws. The relevant authority determines fault in such accidents. While determining fault, they will consider evidence such as whether the parties involved obeyed stop signs, traffic signals, turning laws, and lane restrictions. If you believe the driver or another cyclist is at fault, you can hold them accountable for negligence and get compensation. Similarly, the government is responsible if you get hurt due to hazardous road conditions. However, there are time restrictions to initiate such claims, so schedule a free consultation at a trusted law firm to discuss your situation.
Steps to consider after a Bicycle Accident
There are steps to consider after a bicycle accident because the actions you take following an accident can define your case. However, some of the general steps include:
- If you are hurt, move to a safe location and ensure safety.
- Adjust yourself, stay calm, and be composed. And then call for help. Legal documentation is crucial, so reporting the situation to the relevant authority is advisable. For evidence, you can request a copy of your report.
- Seek medical attention immediately, even if the injuries are seemingly minor. Some injuries may not be immediately apparent but can have a lifelong impact.
- Collect evidence such as photographs and videos of a scene, witness statements, photographs of the injury, details of the other party involved, etc. This evidence can help you build a strong case for your claim.
- Seek legal advice for potential personal injury claims. A bicycle accident attorney can help you explore and understand your legal rights and options after an accident.
Read more here: What to do after a bicycle accident?
FAQs on bicycle accidents in California
What is the Statute of Limitations for bicycle accidents in Sacramento, CA?
The Statute of limitations for bicycle accident claims in Sacramento, CA, is two years. The rule of limitations is a legal provision regarding the deadline to file a case. You must initiate a claim within the time limit if you suffer from personal injuries. Failure to file an issue within the deadline may affect your right to seek compensation for incurred injuries. However, certain exceptions may extend or shorten this timeframe.
How much will I get for physical damages in bike accidents?
The amount you may receive for physical damages in a bike accident equals the total of your losses. However, determining the worth of your physical loss gets easier if you record all expenses.
What are the major causes of bicycle accidents?
Bicycle accidents can occur for various reasons. Some common causes include unsafe lane changes, colliding with a fixed object, pedestrian, or another vehicle, turning without looking for cyclists, and driving too close to bike lanes.
How can I prevent getting into a bicycle collision?
Following the bicycle safety rules can prevent you from getting into a bicycle collision. Some bicycle safety tips are wearing a properly fitted helmet, driving defensively, following the road and traffic rules, and riding predictably. You must consider such things while riding to enhance road safety.
Do I Need a Sacramento bicycle accident lawyer for my case?
Bicycle accidents can cause severe injuries, emotional distress, financial burdens, and other challenges. Dealing with such difficulties alone can make you feel helpless, confused, and frustrated. That’s why you may need a lawyer for your bicycle accident claim. Hiring a dedicated and skilled bike accident lawyer will benefit you in several ways. A Sacramento bicycle accident lawyer can evaluate your compensation entitlements.
We at the Law Offices of J.G. Winter are a legal team with years of experience handling such cases. We can advocate for your rights and obtain the maximum compensation. We believe financial costs should not hinder your ability to attain experienced legal advocacy. So, we work on a contingency fee basis, meaning you will only pay us when we win your case.
