Cyclists are especially susceptible to harmful bodily injuries in traffic accidents. If you’re wondering what the average bicycle accident settlement in California is, it is important to find out what factors can influence your bicycle accident settlement.
What May Increase or Decrease Your Bicycle Settlement Amount?
Injuries and Medical Treatment
The severity of the injury is often the first factor that insurance companies will consider. If the physical harm was relatively minor, not requiring much in terms of medical care, the settlement is likely to be much less than what’s given to more serious injuries that require extensive medical attention. Permanent disabilities or disfigurements are commonly awarded more compensation than less severe injuries.
Some injuries take time to display symptoms or may unexpectedly worsen. Seek medical attention soon after your accident because some injuries may be unapparent to you. Additionally, insurance companies may use delayed or inconsistent medical treatment as an argument against the presence of a serious injury and refuse to award sufficient compensation.
Pre-Existing Conditions
If the victim has pre-existing health conditions, insurance adjusters may argue that some of the injuries are from those prior medical issues, potentially reducing the settlement payout. Conversely, if the accident proves to have intensified the severity of pre-existing conditions in the victim, the chances of a higher settlement will increase.
Other Losses and Damages
Settlements tend to be higher when the injuries result in the victim missing work or even losing their ability to work. Thus, lost wages must be compensated. Pain and suffering damages also vary in each case; determining the extent of the emotional/psychological harm may be challenging, but these damages can increase a settlement amount.
Strength of Evidence
If there is weak or insufficient evidence to establish the degree of your injuries and other damages, such as proof of medical expenses and documentation of physical injury, it can be difficult to get a high or adequate settlement payout.
Shared Fault or Unclear Liability
If there’s uncertainty as to which party is at fault or inadequate evidence, the compensation will likely be lower than in cases where liability is clear. If the victim is found to be partially at fault for the accident, their settlement will be reduced by the percentage of determined liability. For example, if they are 30% at fault, they will be compensated for 70% of the damages.
The At-Fault Party’s Insurance
If the at-fault party has limited insurance, is underinsured, or has no insurance, the compensation amount will likely be lower, and acquiring the full, appropriate settlement may be difficult.
Negotiating the Settlement
If you negotiate the settlement yourself or accept the first proposal, you may obtain much less than you’re entitled to long-term. The same can be true if your lawyer is inexperienced or settles too quickly. A skilled injury attorney wants to earn you the maximum compensation possible and knows how to negotiate with insurance companies.
Common Reasons for Bicycle Accidents
The most frequently seen types of bike accidents include car door accidents, right hook crashes, and right cross collisions. Dooring incidents occur when a parked driver suddenly opens their door, unaware of the approaching cyclist, who then collides with the car door.
Right hook accidents happen when a vehicle makes a right turn in front of or on the path of a cyclist and overtakes them. Right cross collisions occur while exiting a driveway or parking lot on the right side of the road. In these incidents, a car crashes into a cyclist who’s behind or in front of them.
FAQs
Q: How Much Compensation Can I Receive for a Bicycle Accident?
A: How much compensation a bicycle accident receives depends on the case. The seriousness of the physical injuries, the bicycle accident lawyer’s experience, and whether the victim is partially responsible for the accident will largely determine the settlement payout.
The average compensation for a bicycle accident with minor injuries varies between $5,000 and $30,000. The average settlement for an accident with severe injuries is around $100,000, within the encompassing range of $85,000 to $500,000.
Q: How Much Is the Average Accident Settlement in California?
A: The overall average accident settlement in California is difficult to determine. There are several types of accidents and injuries, some with extreme circumstances, such as permanent brain damage, disfigurement, and even wrongful death.
Bicycle accidents with moderate physical injuries, on average, receive between $30,000 and $85,000, which is a wide range. However, instances of medical malpractice, for example, may have a much higher range. The extent of the damages, including pain and suffering, is also different from case to case.
Q: How Much Is a Whiplash Settlement in California?
A: How much a whiplash settlement will be worth varies from case to case. Whiplash can result in several different injuries in the neck, shoulders, and back/spine, in varying degrees. How serious the wounds are, including any permanent damage, in addition to how much the victim is at fault for the accident, will largely influence the settlement payout. Minor whiplash injuries, on average, may receive between $5,000 and $25,000.
Q: How Much Is the Average Settlement for a Back Injury in California?
A: The average settlement for a back injury from a car accident is approximately between $10,000 and $80,000, depending on how serious the injuries were and the required medical treatment. Bicycle accidents that result in a back injury are likely to receive a settlement on the higher end. This is because of the increased chances of severe injury due to the cyclist’s natural vulnerability.