Determining the Value of a Bicycle Accident Settlement

bicycle accident claim value

Written by Jeremy D. Earle, JD

June 12, 2022

Experienced  COlorado Bicycle Accident Lawyers

Bike season in Denver, Colorado, lasts for a good portion of the year thanks to dependably high temperatures and sunny weather conditions. Cycling enthusiasts will like the abundance of bike paths in the surrounding region, which provide various riding options.

In most cases, irresponsible or negligent motor car drivers are to blame. When a motor car collides with a bicycle, the outcomes may be disastrous and lethal in many instances.

If you or someone you care about has been hurt in a bicycle accident caused by someone else’s carelessness, you may be entitled to monetary compensation for your losses. Your case may be evaluated by a Denver bicycle accident attorney, who can then explain the possible damages that may be available to you.

Furthermore, an experienced attorney will be able to evaluate the probable settlement range of your case and can assist you in determining whether you should accept an unsolicited settlement offer or if you should “roll the dice” and go to trial in your case.

Preventing Bicycle Accidents in the State of Colorado

In Colorado, bikers are generally subject to the same traffic laws as motorists on the open road. This implies that bikers must use caution while doing the following:

All traffic signs, such as stop signs and yield signs, as well as all traffic signals and traffic control devices, including stoplights and railroad crossing signals, must be observed. All stated speed limit signs must be observed. Stay in the appropriate bike lane if one is provided.

The Most Common Reasons for Bicycle Accidents

No matter how cautious bikers are, accidents will often occur without the bicyclist’s knowledge or participation. Bicycle accidents in Denver are caused by a variety of factors, some of which are listed below:

  • Driving when negligent, distracted, or inattentive
  • Speeding
  • The following are examples of negligent driving:
  • Failure to obey a stop sign or traffic control device;
  • Failure to surrender the right-of-way to a cyclist at a junction;
  • Defective bicycle components, such as broken handlebars or brakes;
  • Rear-end crashes.

Oncoming cyclists are sometimes injured or killed when an car’s door is unexpectedly opened into their path by the driver or a passenger of a parked car. This is known as “dooring.”

Before proving damages, it is necessary to establish liability.

It is usually necessary for an injured biker to establish carelessness on the side of the at-fault driver to obtain damages for injuries experienced in a bicycle accident caused by a motor car driver. The injured cyclist must demonstrate, in particular, that the motorist failed to behave in a reasonably prudent way given the circumstances and that this failure factually and proximately caused the rider’s injuries and losses.

Sometimes the insurance company of the at-fault motorist may simply concede to liability—or accept responsibility for the underlying bicycle accident— without further discussion.

Bicycle accidents in Denver have resulted in injuries.

When a motor car collides with a bicycle, the consequences may be severe and even fatal in certain cases. Most bikers ride with little to no head protection (with the potential exception of a cycling helmet), and their bodies are exposed to the elements. Injury categories that are often encountered in bicycle accidents include:

Fractures and broken bones. Traumatic brain injuries (TBI). Soft tissue injuries. Scarring that lasts a lifetime, cuts and bruises. Death.

Factors that influence the number of damages awarded in bicycle accident lawsuits

Upon reviewing the facts and circumstances surrounding your case, a bicycle accident attorney will be able to provide you with an estimate of the possible settlement or judgment value for your case. Several factors influence the likely value of a case, including the nature, extent, and severity of the plaintiff’s injuries; the level of permanent disability or incapacity associated with the plaintiff’s injuries; and the findings of a medical expert or vocational rehabilitation expert—particularly in cases where the plaintiff has lost earning capacity or is unable to work as a result of the injuries he or she has sustained.

Damages in Bicycle Accident Cases: How to Calculate Them

A bicycle accident plaintiff can obtain both economic and non-economic damages in a single case. In the case of economic damages, such as medical costs and lost income, it is possible to quantify them very precisely in terms of dollars and cents. Non-economic damages, on the other hand, are far   more difficult to establish in court. When attempting to calculate damages in circumstances of chronic disability or long-term pain and suffering, some lawyers would present a per diem (or per- day) argument to arrive at a damage amount. Other lawyers may calculate the wounded plaintiff’s life expectancy, take into account the plaintiff’s injuries, and reference a mortality table to arrive at a number for non-economic damages for the plaintiff.

In any event, the following are examples of possible damages that may be available to wounded Denver bicycle accident plaintiffs:

  • Medical and hospital fees and expenses (including doctor, physical therapy, and surgical bills) are covered. Compensation for lost pay resulting from time away from work due to medical visits are also covered (and during the recovery period)
  • Past, present, and future discomfort, suffering, and inconvenient circumstances.
  • Loss of earning capacity in cases of permanent physical or mental impairment
  • Payment of all causally related bills for psychological or psychiatric treatment
  • Loss of consortium, companionship, or spousal support
  • Compensation for future medical treatment or procedures (including future surgeries and hospital
  • stays)
  • Wrongful death Compensation for future medical treatment or procedures (including future surgeries and hospital stays)

Today is the day to contact a Denver Bicycle Accident Attorney for a free first consultation and damage assessment

If a motor car collides with a bicycle, the consequences may be devastating and fatal. If you or someone you care about has been hurt in a bicycle accident caused by the carelessness of a motor car driver, you may be able to collect damages under the laws of Colorado.

Denver bicycle accident victims should be aware that the insurance company for the at-fault motorist is not on their side and does not have their best interests at heart. When it comes to bicycle accidents, the insurance company’s primary interest is to settle your case as fast and inexpensively as they possibly can.

Warrior Bicycle Accident Lawyers has a team of experienced Denver bicycle accident attorneys that are prepared to battle the insurance company every step of the way or to take your case to mediation, arbitration, or trial if that is what is required in your situation. For a free consultation and case review with a Denver bicycle accident attorney, please call us at 719-300-1100 or email us.

Warrior Car Accident Lawyers

1902 W. Colorado Ave., Suite 100

Colorado Springs, CO 80904

719-300-1100

Free Consultation

NO FEE UNLESS WE WIN

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