How Much Is a Bicycle Accident Claim Worth?

What Factors Affect the Value of a Bicycle Accident Settlement?

The value of a bicycle accident claim is determined by a combination of several factors, including:

Severity of Injuries

Serious injuries need extensive treatment, such as surgeries and long-term therapy. Therefore, they often lead to higher medical expenses. Moreover, they can result in years of ongoing medical maintenance and life-care expenses.

It can also take longer for someone to recover from a serious injury, which means they may miss work for a long time. Additionally, in some cases, one may be unable to return to their career or work.

Also, the severity of injuries directly impacts pain and suffering, emotional distress, and the inability to enjoy activities.

Since bicycles lack the physical protection that cars provide, the chances of serious injuries in a bicycle accident are high. Examples of serious injuries typically reported include head injuries, traumatic brain injuries (TBIs), broken bones, spinal cord injuries, and internal bleeding or organ damage.

Fault

According to Colorado’s law, a person seeking to recover damages must be less than 50% at fault for an accident. Also, compensation is reduced by the degree of fault.

So, if you are found to be partially at fault for a bike accident, this will affect your settlement. For instance, if it’s determined that you failed to signal your intention to turn right and that the driver who hit you was speeding when the accident happened.

Insurance Policy Limits

The at-fault party’s insurance policy puts a ceiling on how much you can recover. The liability coverage they carry dictates the maximum amount you can recover from their insurance.

If you sustain a serious injury and the at-fault party’s insurance is inadequate, or they are uninsured, you can use your own uninsured/underinsured motorist (UM/UIM) coverage if you have it. You can also file a lawsuit against them to pursue compensation from their personal assets.

You generally have three years from the date of a bicycle accident involving a motor vehicle to file a claim in Colorado.

Strength of Evidence

You can build a strong case with:

• Comprehensive medical records.
• Proof of income and a letter from your employer detailing the days you missed work and the missed benefits.
• Police reports.
• Photos and videos documenting the accident scene (vehicle and bike damage, visible injuries, traffic and road signs, weather conditions, and the surrounding environment).
• Video footage showing the accident (footage from dashboard cameras, traffic cameras, or surveillance cameras from nearby buildings).
• Receipts or repair estimates for your bike, helmet, cycling gear, and any other property.

Solid evidence proves liability and demonstrates the severity of your damages. This can prevent an insurance company from using defense tactics and encourage them to offer a fair payout rather than risking an unpredictable trial. Thus, gathering and preserving strong evidence helps maximize compensation.

What Types of Damages Can Be Recovered After a Bicycle Accident?

Economic Damages

• Medical expenses: Emergency care, hospital stays, surgeries, prescription drugs, medical devices, rehabilitation and therapy, etc. Medical expenses are calculated by adding the total past, present, and projected future costs.
• Lost wages: This is the compensation for income lost when recovering or attending appointments. It includes base salary/ hourly wages, overtime/bonuses, self-employment income, and used paid time off (PTO)/sick leave. Multiply your regular hourly rate/weekly rate by the number of hours/days you missed and add other missed benefits.
• Property damage: You should be compensated for the cost of repairing or replacing your bicycle, helmet, cycling gear, and personal belongings. Get repair costs and the fair market value for your items.

Non-Economic Damages

• Pain and suffering: This is compensation for physical pain and psychological effects caused by your injuries. The common calculation methods used in negotiations are the multiplier and per-diem methods. With the multiplier method, your total economic damages are multiplied by a number between 1.5 and 5, based on the severity of injuries, duration of recovery, and permanence of limitations. The per diem method assigns a set daily dollar amount, which is multiplied by the total number of days you suffer or are expected to suffer.
• Emotional distress: Mental anguish, anxiety, depression, and post-traumatic stress disorder (PTSD).
• Loss of enjoyment of life: The inability to participate in hobbies and daily activities you once enjoyed.
• Inconvenience: Disruptions to your normal routines and lifestyle.

Punitive Damages

If your bicycle accident occurred because of circumstances of fraud, malice, or willful and wanton conduct, you may also be awarded exemplary or punitive damages.

How Do Insurance Companies Evaluate Bicycle Accident Claims?

Insurance companies assess fault and damages. They review evidence gathered at the scene, medical records, police reports, witness statements, and expert testimonies.

In addition, even though Colorado does not require adult cyclists to wear a helmet, insurers typically check this to argue that an injured victim’s head injuries were worsened because they were not wearing a helmet.

Also, the at-fault party’s insurer may contact you to give recorded statements, offer a quick, lowball offer, or request unnecessary documentation.

Working with a bicycle accident attorney protects you from such tactics.

What Steps Should You Take After a Bicycle Accident To Protect Your Claim?

• Call 911 to get emergency medical attention and report the accident.
• Take photos and videos of the scene and visible injuries.
• Exchange information with the driver.
• Collect witnesses’ information.
• Seek a medical evaluation after leaving the scene.
• Follow doctors’ recommendations and attend follow-up appointments.
• Preserve evidence (do not wash your clothes, repair your bike, or get rid of damaged items).
• Document your recovery.
• Speak to a bicycle accident attorney.

How Can Bachus & Schanker Help Injured Cyclists Pursue Maximum Compensation?

We help injured cyclists pursue maximum compensation by investigating accidents thoroughly, calculating the true value of a claim, and building a strong case that neutralizes insurance tactics. Additionally, if a fair settlement can’t be reached, we represent injured victims in court.

Legal Support Across Colorado and Nationwide

Serving Clients Nationwide

Related Bicycle Accident Resources