reports@rankings.io | October 1, 2024
How Long Does a Bicycle Accident Claim Take?
Determining how long a bicycle accident claim takes to settle is complex because each claim is different. Several factors affect the timetable, such as the severity of injuries and case investigation length. Consulting with an experienced bicycle accident attorney about the specifics of your accident can give you a better idea of the timeline for your case.
Table of Contents
- Average Timeline for a Bicycle Accident Claim to Settle
- Common Negligent Causes of Bicycle Accidents
- Who is Liable for a Bicycle Accident Claim?
- Factors That Affect How Long a Bicycle Accident Claim Takes
- What Compensation Can You Receive In a Bicycle Accident?
- How Can a Bicycle Accident Lawyer Help?
- Questions to Ask Your Bicycle Accident Lawyer
- Call A Skilled Bicycle Accident Attorney Today
Average Timeline for a Bicycle Accident Claim to Settle
Again, due to individual circumstances, it is impossible to pinpoint an exact time to answer the question, “How long does a bicycle accident claim take?” That said, there are statutes of limitations that can define maximum outcomes. These statutes vary by state. Your lawyer can provide clarity on the laws within your jurisdiction.
Common Negligent Causes of Bicycle Accidents
Most bicycle accidents involve an at-fault motorist being negligent. Common negligent causes of bicycle accidents are as follows:
- Distracted Driving: Talking or texting on a cell phone, scrolling social media, eating, drinking, adjusting vehicle controls, reading, and listening to music are common distractions responsible for bicycle accidents.
- Impaired Driving: Driving under the influence of alcohol, illicit substances, over-the-counter medications, and prescription drugs. Also, driving fatigued or having a medical condition that affects an ability to drive safely.
- Aggressive Driving: Speeding, weaving in and out of lanes, running red lights and stop signs, tailgating, and changing lanes without signaling are all forms of aggressive driving.
- Road Rage: Tailgating, cutting off motorists, rude gestures, verbal assault, attempting to run bicyclists off the road, excessive horn use, and blocking lanes are all forms of road rage.
- Vehicle Defects: Brakes, tires, steering, accelerator, and any other vehicle defects contributing to the accident.
- Poor Road Conditions: Cracked concrete, potholes, inadequate signage, obstructed views, loose debris, narrow lanes, poorly designed intersections, and insufficient lighting are poor road conditions that cause bicycle accidents.
- Dooring: Dooring involves a motorist opening their vehicle door into the pathway of a cyclist, resulting in a bicycle accident.
- Bicycle Defects: Faulty brakes, cracked or defective carbon fiber frames, quick-release hubs, carbon fork failure, and improper or low-quality materials.
After assessing the scene and determining the cause of a bicycle accident, a victim or their attorney must prove negligence and liability.
Who is Liable for a Bicycle Accident Claim?
Insurance companies primarily pay out financial losses and damages in bicycle accident claims. In most cases, the vehicle driver is at fault. However, other liable parties may be:
- Negligent pedestrians
- Negligent cyclists (other cyclists on the road)
- Group bike ride organizers (if organizers of the event’s negligence caused the accident)
- Bars and restaurants (overserving alcohol can cause establishments and their servers to be liable)
- Bicycle manufacturers (if a defective bike part caused the accident)
- Vehicle manufacturers (if a defective vehicle part caused the accident)
- Municipalities (local, state, and federal government entities liable for poor road conditions)
There may be multiple liable parties in bicycle accident claims. For example, a bar over-serving a cyclist doesn’t negate a motorist’s liability when they run a red light and hit the cyclist.
Securing compensation with multiple liable parties can be complex and slow down the time it takes to settle a bicycle accident claim. Consult with an attorney to see potential opportunities to expedite yours.
Factors That Affect How Long a Bicycle Accident Claim Takes
Many factors affect how long a bicycle accident claim takes to settle, including your medical treatment, severity of injuries, case investigation length, proving liability, and possible litigation.
Medical Treatment and Recovery Timeline
Your medical treatment and recovery timeline highly influence how long it will take to settle your bicycle accident claim. You must follow your medical recovery plan carefully so as not to exacerbate injuries. You must take recovery seriously and understand you’re working within a statute of limitations. Delaying treatment does not benefit you.
The Severity of Your Injuries
Bicycle accident victims sustaining minor injuries, requiring minimal medical care and rehabilitation, will settle more quickly. In part because injuries are minor and claims are significantly smaller.
Accident victims suffering severe injuries will seek substantial compensation, and insurance companies may delay and deny because they don’t want to pay them. But they do, and attorneys are traditionally the ones demanding they do so.
Common injuries associated with bicycle accident claims that your attorney may recover compensation for include:
- Traumatic brain injuries (TBIs)
- Neck injuries
- Spinal cord injuries
- Soft tissue injuries
- Internal injuries
- Dental fractures
- Facial trauma
- Chest injuries
- Contusions
- Broken and fractured bones
- Road rash
You should consult a lawyer if you have suffered an injury in a bicycle accident due to someone else’s negligence. They will immediately protect you from insurance company tactics and prioritize your health and recovery while handling every aspect of the legal aftermath of your accident.
The Length of Your Case Investigation
Depending on the complexity of your case, the investigation into circumstances and liability can be exhaustive. Case investigation involves:
- Gathering Evidence: Your attorney will collect the police and accident report, photos of the accident scene, video surveillance footage, dashcam footage, medical records, and any other evidence pertinent to your case.
- Interviewing Witnesses: Any witness accounts recorded at the accident scene will be included in the police report. Your lawyer may interview them again to discover any forgotten details. They may also locate other witnesses and take their statements down.
- Accident Reconstruction: Accident reconstruction experts work closely with attorneys to reconstruct the circumstances of your bicycle accident. Using engineering principles and scientific analysis, they can determine vehicle speeds, lane position, and other liability factors in an accident.
- Consulting With Experts: Bicycle accident lawyers work hands-on with expert witnesses who can provide valuable testimony for your claim, such as medical, vocational, occupational, economic, engineering, and product defect experts.
- Valuing Damages: Your lawyer will determine a settlement amount for the demand letter they send to the insurance company after tallying total financial losses and calculating non-economic damages in your case.
After conducting a thorough investigation, your attorney will take on the challenge of proving negligence. This means clearly connecting the at-fault party’s negligence to the accident and your injuries.
Proving Negligence
To prove negligence in a bicycle accident claim, your attorney will establish the four elements: duty, breach, causation, and damages. That looks like:
- The defendant owed you a duty of care, such as following traffic laws or manufacturing quality products.
- The defendant breached that duty of care —for example, running a red light, driving intoxicated, or producing defective bicycle parts.
- The breach of duty caused your injuries.
- You suffered actual damages as a result of the injuries caused.
The evidence in your case will help your attorney prove negligence in a bicycle accident claim. A paper trail of financial losses, such as medical bills, is critical evidence of actual damages, making going after pain and suffering more feasible.
Negotiations With Liable Parties
Negotiations can take time when insurance companies refuse to cooperate. This may involve delaying your claim or being unwilling to compensate you fairly. However, most of the time, after a few negotiations, your lawyer and the insurance claims adjuster will agree on terms.
At that time, they will pay off any liens placed on your compensation from medical services, collect attorney contingency fees, and issue you a final settlement check.
Litigation
While unusual, some bicycle accident claims may not be resolved outside of court. In that instance, your case will move forward with litigation. It can significantly impact your bicycle accident claim timeline length because it involves additional legal procedures and court hearings.
What Compensation Can You Receive In a Bicycle Accident?
Bicycle accident victims may be entitled to recover economic and non-economic losses incurred from the crash. These damages range from covering the cost of medical bills to awarding money for pain and suffering.
Medical Expenses
A significant part of collecting compensation involves calculating the total cost of all medical expenses. Bicycle accidents account for $5.4 billion in medical costs annually. Standard medical expenses include:
- Emergency services (ambulance, ER visit)
- Surgeries
- Hospital stays
- Primary care visits
- Imaging services (X-rays, CT scans, MRIs)
- Medical devices
- Mental health services
- Rehabilitation services (physical therapy, chiropractic care)
- Prescription medications
- Home health services
- Future medical expenses
Travel and lodging accommodations necessary for medical appointments, such as specialists and rehabilitation services outside your region, may also be considered. Document your mileage and keep receipts.
Professional Damages
Another significant part of compensation covers professional damages suffered due to the accident. Professional damages account for lost earnings, such as:
- Income/salary
- Bonuses/commissions/tips
- Benefits
- Inability to earn or make progress toward promotions
- Future earnings
You can use various documents to prove lost income, including pay stubs, tax returns, bank statements, employment letters accounting for time lost, and profit and loss statements (P&L). The latter can demonstrate professional damages for self-employed businesses and sole proprietorships.
Property Damages
Bicycle accident victims are entitled to recover property damages from the accident. These may include:
- Bicycle
- Safety gear (helmets, elbow and knee pads)
- Cell phones
- Portable electronic devices
- Clothing
- Jewelry
Any damaged or destroyed property may be considered recoverable damage in your bicycle accident claim. You must prove ownership to recover these losses. Repair invoices, insurance policies on items, or purchase receipts can prove property damages.
Service Expenses
Accident victims sustaining severe or debilitating injuries may need household and home maintenance services. These services help with everyday tasks, such as:
- Cooking
- Housecleaning
- Laundry
- Lawn maintenance
- Childcare
Your attorney may also seek compensation for delivery services needed to assist you with things your injuries prohibit you from doing —grocery, meal, and prescription drug delivery services.
Pain and Suffering Damages
Non-economic damages are typically referred to as pain and suffering. They account for the non-monetary losses a victim suffers after their bicycle accident. Pain and suffering losses involve:
- Emotional distress
- Mental anguish
- Chronic pain
- Loss of society and companionship
- Scarring or other forms of disfigurement
- Permanent disabilities
- Psychological trauma (PTSD, depression)
- Loss of quality of life (inability to perform essential life tasks)
- Shortened life expectancy
- Loss of consortium
These types of damages are more challenging to calculate and prove. Many states also cap non-economic damages awarded in bicycle accident claims. Speak with your attorney to discuss local limitations.
Wrongful Death Damages
Losing a loved one is never easy, but when an accident claims their life unexpectedly, families have a right to seek compensation for their losses. Wrongful death damages may provide for:
- Final arrangements (funeral, burial, cremation)
- Pain and suffering of decedent before death
- Pain and suffering for surviving family members
- Loss of financial support
- Loss of inheritance
- Loss of guidance
Let a compassionate lawyer take over all the legal aftermath of a wrongful death bicycle accident claim. No one should have to navigate the complexity of these cases on top of mourning the untimely loss of their loved one.
How Can a Bicycle Accident Lawyer Help?
Retaining a bicycle accident attorney is critical for maximizing financial compensation for your claim. They help do that by:
- Offering legal advice and assurance
- Meeting legal deadlines and organizing all paperwork
- Protecting you from insurance companies that do not have your best interest at heart
- Gathering all facets of evidence, including security footage and other vital evidence that can be lost quickly
- Interviewing witnesses whose testimony may establish liability and damages
- Securing expert witness testimony
- Negotiating with insurance companies on your behalf
- Representing you in court
- Providing peace of mind
Finding an experienced attorney handling cases like yours benefits your chances of obtaining substantial settlements. Come prepared for your initial consultation to ask about a firm’s previous bicycle accident cases and any questions about how the bicycle claim process operates.
Questions to Ask Your Bicycle Accident Lawyer
In addition to whatever questions you may have, these are some essential questions to ask when hiring your bicycle accident attorney:
- “What is your experience handling bicycle accident claims?”
- “What is your trial success rate?”
- “How long will it take to settle my bicycle accident claim?”
- “What is your goal for my case?”
- “What is your approach to handling bicycle accident claims like mine?”
It’s also important to have the firm clarify its contingency fees. Most bicycle accident attorneys work on contingency, meaning there aren’t any upfront or out-of-pocket costs to the client. Ask if the firm offers contingency arrangements, and have them clarify that fee.
Call A Skilled Bicycle Accident Attorney Today
Schedule a free consultation with a bicycle accident lawyer to get started on your case immediately.
