Sean | November 1, 2024

How Long Does a Bicycle Accident Claim Take?
A cyclist involved in a bicycle accident

When bicycle riders are involved in an accident due to driver negligence – and they suffer injuries – they can file a third-party claim for compensation. The length of a bicycle accident claim can vary depending on factors like the severity of injuries, the complexity of the case, and whether a settlement is reached or litigation is necessary. Some claims may settle within a few months, while others may take longer – especially if they go to court.

An experienced bicycle accident attorney can expedite the process by gathering evidence, negotiating with insurance companies, and representing your interests in court to ensure you receive fair compensation as efficiently as possible.

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Table of contents

Common Causes of Bike Crashes

Negligent drivers can cause bicycle crashes in several common ways, leading to serious accidents.

  • One of the main causes is distracted driving, where a motorist fails to pay attention to the road because they are texting, talking on the phone, or adjusting their navigation system. When drivers are not fully focused, they may miss seeing a cyclist in their path or fail to notice them at intersections, leading to a collision.
  • Another frequent cause is speeding. When drivers go too fast, they have less time to react to changes on the road. If a cyclist appears or needs to change lanes, a speeding driver may be unable to stop in time, causing a crash. Speeding also makes the force of an accident much more severe, increasing the chances of serious injury – or even death – for the cyclist.
  • Failure to yield is another major problem. Drivers often do not give cyclists the right-of-way, especially at intersections or when turning. A driver may turn right in front of a cyclist without checking their mirrors or forget to yield to a cyclist at a stop sign, leading to dangerous accidents. Left-turn accidents are particularly common when a driver underestimates the speed of an oncoming cyclist and turns directly into their path.
  • In addition, drivers sometimes follow too closely behind cyclists, which can lead to rear-end collisions. Since bicycles are much lighter than cars and do not stop as quickly, a driver who tailgates a cyclist may not have enough time to brake if the cyclist slows down or stops.
  • Other common causes include impaired driving and disregarding traffic signals. Drivers who are under the influence of drugs or alcohol have reduced reaction times and impaired judgment, which makes it more likely they will hit a cyclist. Running red lights or ignoring stop signs also puts cyclists at risk, especially in busy urban areas.

These negligent actions can lead to various types of bicycle accidents. The most common include rear-end crashes, sideswipe accidents, and “dooring” incidents, where a driver (or passenger) opens a car door directly into the path of a cyclist.

Injuries in Bicycle Accidents

Bicycle crashes that result from negligent drivers often lead to severe physical, mental, and emotional injuries for the cyclist. These injuries can have long-lasting effects on the victim’s quality of life.

Physical injuries are the most immediate and visible effects of a bicycle accident. Cyclists are vulnerable because they have little protection compared to drivers in cars.

  • One of the most common physical injuries is broken bones. Cyclists often suffer fractures in their arms, legs, wrists, or collar bones when they hit the ground or are struck by a vehicle. 
  • Head injuries, including concussions and traumatic brain injuries (TBIs), are also frequent, even if the cyclist is wearing a helmet. TBIs can range from mild to severe and may result in long-term cognitive problems, memory loss, or difficulty concentrating. 
  • Other physical injuries include road rash, where the skin is scraped off by contact with the pavement, and internal injuries, such as damage to organs like the lungs or liver, which can be life-threatening.

Mental injuries following a bicycle accident often involve cognitive impairments that affect the victim’s ability to think clearly, make decisions, or remember things.

  • A TBI can cause issues such as difficulty concentrating, confusion, and memory loss. Victims may find it hard to return to work or school and struggle with everyday tasks.
  • Some victims may experience post-traumatic stress disorder (PTSD) – particularly if the accident was especially traumatic or life-threatening. PTSD can lead to flashbacks, nightmares, and severe anxiety, especially when riding a bike again or even being near traffic.

Emotional injuries are also common and can be just as debilitating as physical injuries. After an accident, many cyclists suffer from anxiety, depression, or fear. The emotional trauma of the crash can leave the victim feeling unsafe, especially if they need to ride their bike as a means of transportation.

Fear of riding again or even leaving the house can become overwhelming. Depression may result from the limitations that physical injuries impose, such as being unable to work, exercise, or enjoy life as they did before. Additionally, the loss of independence and physical ability can weigh heavily on the victim’s emotional state, leading to feelings of helplessness and frustration.

These physical, mental, and emotional injuries can take a long time to heal and often require medical treatment, therapy, and emotional support to overcome.

Factors that Determine the Length of a Third-party Bicycle Accident Case

Several factors determine how long it takes to settle or litigate a third-party bicycle accident case. Each case is unique, and the timeline can vary based on the circumstances. Some cases are resolved quickly through settlement, while others may take months or even years if litigation is required.

  • One of the key factors affecting the timeline is the severity of the victim’s injuries. In cases where the injuries are minor, a settlement can often be reached more quickly, as medical treatment is straightforward, and the full extent of the injuries is clear. However, if the injuries are severe or long-term, such as a TBI or multiple fractures, the case may take longer. It is important to wait until the injured cyclist has completed all of their accident-related treatment to accurately assess the full cost of medical care, rehabilitation, and any future treatment.
  • Another factor is the overall complexity of the case. Some cases involve clear evidence of driver negligence, such as running a red light or distracted driving, and these cases may settle faster. However, if there are disputes about who was at fault, the case may take longer. For example, if the driver claims the cyclist was riding recklessly, more investigation and evidence gathering may be required, such as witness statements, traffic camera footage, or expert testimony. Cases involving multiple parties, such as a commercial vehicle or municipality, are also more complex and tend to take longer to resolve.
  • Insurance company tactics can also delay the process. Insurance companies may try to lowball the victim or deny liability altogether, which can drag out negotiations. They may also use delaying tactics, hoping that the injured cyclist will accept a lower settlement out of financial need or frustration. In these cases, an experienced bicycle accident attorney can fight for fair compensation.
  • If the case goes to litigation, it will take longer. Lawsuits involve several steps, including filing a complaint, discovery (where both sides gather evidence), depositions, and possibly a trial. The court system is often slow, and scheduling issues, backlogged dockets, or the availability of witnesses and experts can add to delays. Additionally, even after a trial, either party can appeal the decision, which prolongs the process further.

An experienced bicycle accident attorney can help move this process along and ensure that the injured cyclist receives the compensation they deserve.

How Can a Bike Accident Attorney Help?

A knowledgeable bike accident lawyer can provide invaluable assistance when pursuing a claim or lawsuit after a bicycle crash. Their experience and understanding of personal injury law can make a significant difference in the outcome of your case.

  • One of the primary ways a lawyer can help is by thoroughly investigating the circumstances of the accident. A skilled attorney will gather all the necessary evidence to prove the driver’s negligence. This can include reviewing police reports, obtaining traffic camera footage, interviewing witnesses, and consulting with accident reconstruction experts. By building a strong case based on solid evidence, your lawyer can demonstrate that the driver was at fault and responsible for your injuries.
  • Another way a bike accident lawyer can assist is by dealing with insurance companies. Insurance companies often try to settle claims for as little money as possible, offering lowball settlements that do not fully cover the costs of medical treatment, lost income, or pain and suffering. A knowledgeable attorney understands the tactics that insurance adjusters use and will negotiate on your behalf to ensure that you receive fair compensation. They will also handle all communication with the insurance company, allowing you to focus on your recovery without the added stress of dealing with adjusters.
  • A lawyer will also ensure that all deadlines are met. There are strict time limits, known as statutes of limitations, for filing a bicycle accident lawsuit. If these deadlines are missed, you may lose your right to pursue compensation. Your lawyer will keep track of all necessary paperwork and ensure that everything is filed correctly and on time.
  • If a fair settlement cannot be reached, a knowledgeable attorney can represent you in court. They will present your case before a judge or jury, using the evidence gathered to prove the extent of your injuries and the negligence of the driver. A skilled trial lawyer will know how to argue your case effectively and persuasively, increasing your chances of a favorable verdict.
  • Finally, a bike accident lawyer can help by calculating the true value of your claim. They will take into account not just your immediate medical expenses but also future treatment costs, lost income, diminished earning capacity, and non-economic damages like pain and suffering.

Overall, having an experienced bike accident lawyer on your side ensures that your rights are protected and that you receive the compensation you deserve for your injuries and losses.

Financial Compensation in a Third-party Bicycle Accident Case

In a third-party bike accident claim or lawsuit, victims can seek compensation for various losses, depending on the circumstances of the accident and the injuries they suffered. The goal of compensation is to help the victim recover financially from the damages resulting from the crash.

  • One of the most common losses in bicycle accidents is medical expenses. This includes costs for emergency treatment, hospital stays, doctor visits, surgeries, medication, physical therapy, and any other medical care necessary to treat injuries resulting from the accident. In some cases, victims may also recover compensation for future medical expenses if they require ongoing treatment or long-term care due to their injuries.
  • Lost income is another important loss for which victims can recover compensation. After a bike accident, victims may need time off work to recover, which can result in lost income. Compensation for lost income helps cover the money the victim would have earned if the accident had not occurred. If the victim’s injuries are severe and prevent them from returning to work or hinder their ability to work in the future, they may also receive compensation for lost earning capacity.
  • In addition to covering medical bills and lost earnings, victims can seek compensation for pain and suffering. This refers to the physical pain and emotional distress resulting from the accident and injuries. Pain and suffering compensation aims to address the victim’s loss of life enjoyment, such as being unable to participate in activities they once enjoyed or struggling with anxiety, depression, or other emotional issues after the crash.
  • Another common loss is property damage. In a bike accident, the victim’s bicycle and other personal belongings, like a helmet, phone, or backpack, may become damaged or destroyed. Compensation for property damage helps cover the cost of repairing or replacing these items.
  • Lastly, in some cases, victims may receive punitive damages. While less common, punitive damages are awarded when the driver’s behavior was especially reckless or intentional, such as driving under the influence or engaging in aggressive driving. These damages are meant to punish the negligent party and deter similar wrongful behavior in the future.

Contact a Skilled Bicycle Accident Lawyer Today

If you recently sustained injuries in a bicycle accident, a knowledgeable personal injury attorney can be extremely helpful. Your lawyer will handle the legal process for you, better enabling you to seek treatment and recover from your injuries. Your attorney can also streamline the process for you, helping you obtain the compensation you deserve as quickly as possible.

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