What Damages Can I Seek After a Bicycle Accident?

You may seek economic and non-economic damages after a bicycle accident. To secure damages, you may have to file a claim against an at-fault party. A California bicycle accident lawyer may help you submit your claim.

Triumph Law, P.C. is a personal injury law firm committed to our client’s success. If you got hurt in a bike crash due to someone else’s negligence, we may be able to help you pursue damages. For more information, reach out to us.

Bicycle Accident Economic Damages

Economic damages refer to monetary losses. They are quantifiable, and a bike crash lawyer may be able to help you calculate them. Examples of bicycle accident economic damages include:

• Medical expenses
• Lost wages
• Loss of earning capacity
• Property damage

At Triumph Law, P.C., our personal injury lawyer may help you seek the most economic compensation possible following your bike crash. Our attorney is available to review your case. To get started, contact us today.

Bicycle Accident Non-Economic Damages

Non-economic damages are subjective. Unlike economic losses, non-economic ones may be difficult to quantify. Some of the reasons why people pursue non-economic compensation after bicycle accidents include:

• Pain and suffering
• Emotional distress
• Inability to enjoy life to the fullest extent
• Loss of consortium

What you receive in economic and non-economic damages depends on the facts surrounding your case. For example, the damages you receive if you suffer a catastrophic injury in a bike accident may be greater than those you get if you are dealing with minor injuries. A bicycle accident attorney may help you calculate your losses and request a fair amount of compensation.

Bicycle Accident Punitive Damages

Per California Civil Code §3294, a plaintiff may receive punitive or exemplary damages in a personal injury case. These are awarded to deter an at-fault party from committing future acts of negligence. A judge or jury rarely provides punitive compensation but may do so in conjunction with economic or non-economic damages.

You may not ask for punitive damages as part of your request for compensation. However, you may gather a body of evidence to support your request. If you compel a judge or jury to rule in your favor, they may be inclined to award punitive damages in addition to economic and non-economic compensation.

Of course, just because you have evidence does not mean you will be awarded any damages. In a bike accident case, the defendant may do everything they can to contest your argument. As such, you may want to work with an attorney who can help you prepare an argument that resonates with a judge or jury.

How to Get Damages After a Bicycle Accident

To receive damages in a bike accident case, you must prove negligence. This requires you to show an at-fault party put you in danger and caused you to get hurt, leading to losses. There are four elements of negligence you must show were present at the time of your bicycle accident:

• Duty of Care: The at-fault party had a legal responsibility to avoid reckless and careless acts that could endanger others. 
• Breach of Duty of Care: This party chose to violate their responsibility. 
• Causation: Since the party breached their duty of care, you suffered an injury. 
• Damages: You incurred economic or non-economic losses as a result of what the party did.

A judge or jury treats every personal injury case as its own entity. If you are able to make it clear you were in no way responsible for your bicycle crash, you may be able to get 100% of the damages you request. On the other hand, if there are doubts about your involvement in your collision, a judge or jury may not award you compensation.

How Comparative Negligence May Impact the Damages Awarded After a Bike Crash

As a “pure comparative negligence” state, California has a statute in place that may dictate how much money you get in a bike accident case based on your percentage of fault. You may be eligible to seek damages from an at-fault party, even if they were only 1% responsible for your bicycle collision. Conversely, the defendant in your bike accident case may be able to show you were partly responsible, which may lead a judge or jury to award you less compensation than what you initially requested.

For instance, you may request $10,000 in a bike accident lawsuit. A judge or jury may rule you are 20% at fault. If this happens, you may receive $8,000 in damages.

In the worst-case scenario, a judge or jury may find you are fully responsible for your biking accident. If this occurs, a judge or jury may rule in the defendant’s favor. The result: you may receive no damages and be solely responsible for your accident-related losses.

Tips to Help You Get Damages After Your Biking Crash

How you respond to your bicycle accident is key. Rather than take complete responsibility for a collision that happened due to someone else’s negligence, it may be beneficial to do everything in your power to build a case against an at-fault party. Here are things you can do that may help you collect damages after your bike crash:

• Call 911. Notify 911 about your accident, and police officers and medical personnel can come to the scene to help you and anyone else involved.
• Take photos and videos at the accident scene. Use your smartphone to capture photos and videos of damage to your bike, your injury, and other aspects of the crash scene. 
• Get information from the at-fault motorist. Ask the at-fault driver for their driver’s license, insurance, and contact information.
• File a police report. Tell the police about your accident, and they can put together a report that you may be able to use as evidence in your claim. 
• Connect with an attorney. Hire a lawyer who may help you file your claim in accordance with California’s statute of limitations.

Triumph Law, P.C. offers legal help to bike crash victims. Our attorney can discuss your case with you. To schedule a free consultation, contact us today.