Bicycle Accident Settlement Amounts – Real Cases and Examples in California

In short, the minimum typical settlement for bicycle accidents ranges from $1,000 to $10,000. With some exceptional cases ending in settlements amounting to $6.5 million.

When you combine California’s large population with its extensive cycling culture, it makes sense that bicycle accidents are pretty common. As noted by the National Highway Traffic Safety Administration (NHTSA), pedal cyclist fatalities accounted for 2.2 percent of all traffic deaths. Major cities like Los Angeles, San Francisco, and San Diego have higher rates of bicycle accidents due to dense traffic and a high number of cyclists. Statistics show that 85 percent of fatalities took place in urban areas. 

Injuries have also been on the rise. Authorities noted a seven-percent increase in the course of just one year. Notably, these bicycle accidents happened despite safety initiatives like bike lanes, public awareness campaigns, and stricter traffic laws to protect cyclists. If you have been affected by a bike accident, it is critical to understand the law, protect your rights, and determine the fairness of a settlement amount. To this end, we will discuss bicycle accident settlement basics, legal aspects, damages, and associated details. 

California Bicycle Accident Settlement Basics

Bicycle accident settlements in California depend on the state’s legal framework, the factors likely to influence possible settlement amounts, and the settlement process. 

Let’s Talk About Liability

California follows a comparative negligence system. Even if the pedal cyclist is partially at fault for an accident, they can still recover damages. However, their compensation will be reduced by their percentage of fault. Moreover, cyclists may be covered under their own auto insurance policies or homeowner’s insurance for some damages.

Basic Factors Influencing Typical Settlement Amounts

Every case revolves around its facts. That said, there are some similarities across the board. 

  • Severity of injuries. The more severe the injuries, the higher the potential settlement. Calculations include medical expenses, rehabilitation costs, and long-term care needs.
  • Lost wages. If you cannot work due to your injuries, any lost income will be factored into the settlement.
  • Property damage. What does repairing or replacing the bicycle and any other personal property damaged in the accident cost? This figure affects a final settlement.
  • Pain and suffering. Settlements can include non-monetary damages such as pain and suffering, emotional distress, and loss of enjoyment of life.
  • Liability percentage. The degree to which each party is at fault significantly impacts the settlement amount.

Walking Through the Settlement Process

Every settlement begins with a claim. As the injured pedal cyclist, you must file a claim with the other party’s insurance company. This business will then investigate the accident, reviewing police reports, medical records, and similar details. They will likely make a low offer, which starts a negotiation process. As a final resort, if the parties cannot agree on a settlement, you may file a lawsuit. 

Let’s Talk Money

Remember, each case is unique. Even so, settlements can range from a few thousand dollars for minor injuries to hundreds of thousands or even millions of dollars for severe injuries with long-term impacts. Obviously, if you are fine and just need bike repair costs covered, you are looking at a minimal settlement ranging from about $1,000 to $10,000. 

Conversely, suppose you require extensive medical treatment as well as long-term rehabilitation and face substantial non-economic damages. In that case, your settlement might be closer to $100,000 or more. Of course, if you want exact information on how much a particular case might be worth, you need to consult with a legal professional who specializes in bicycle accidents.

Key Principles of California Personal Injury Law Relevant to Bicycle Accidents

You have been hurt in a pedal cyclist accident. What does the law say? For starters, there is a statute of limitations. It is two years for standard personal injury claims, including bicycle accidents. Because the clock starts ticking on the date of the accident, it is critical that you protect your rights immediately. There are exceptions, such as when the injured party is a minor or in cases involving government entities.

As the injured bicycle rider, you must establish negligence by the other party. You would have to argue that they caused the accident and your subsequent injuries because of how they acted or didn’t act. This is also a good time to document your damages. Because of the state’s comparative negligence rule, you can ask for damages even if you were partially at fault for the cycling accident.

By the way, there is another type of liability that might factor into your case: strict liability. It applies in cases when defective bicycle parts or equipment contributed to the accidents. This liability would hold a manufacturer liable. A pedal cyclist injury attorney can assist you with determining what principles are in play with your unique case.  

Understanding the Types of Damages in Bike Crashes and Accidents

The extent of your damages determines the amount of the settlement. The law recognizes several different types of damages.

  • Compensatory damages. What are your documented losses? Examples include medical expenses, lost wages, property damage, and even transportation costs to get you to and from medical appointments.
  • Non-economic damages. Harder to prove but nevertheless included, these focus on pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement.
  • Punitive damages. In rare cases, you may receive a punitive damage award if the defendant’s conduct was particularly reckless.

It is important to remember that you, as the injured party, have the duty to mitigate (reduce) any damages. If you are injured, you need to get timely medical treatment. Do not engage in activities that could worsen the injuries.

Maximizing Your Settlement Dollars (and Avoiding Common Pitfalls)

What you do in the aftermath of the accident is just as important as what you did in the moments leading up to it. For example, if you ran a red light and got into an accident, your compensation will be lowered. If the insurance company successfully argues that you had a pre-existing health condition that contributed to the accident, they will seek to decrease the settlement funds. Examples include poor eyesight, vertigo, and similar conditions.

It would be best to document everything you can about the accident. Examples include making (and retaining a copy of) a police report, seeking medical care immediately, staying at the accident scene, and getting eyewitness names and contact details. If you can, take photos of the damaged bike.

Settlement Calculation Tools

Did you know that there are pain and suffering calculators? Others focus on personal injuries or auto accidents. Use them with caution. For example, a tool offered by Forbes lets you determine the multiplier, which is directly associated with the severity of your pain. Its usage is highly subjective. Even artificial intelligence (AI) has gotten into the mix of assessing accident damage. Using these tools with the assistance of a personal injury attorney who can help you accurately assess any multipliers makes the most sense.

A Real Bicycle Accident Case Illustrates the Intricacy of the Legal Process

In 2020, a cyclist crashed their bike on MacArthur Boulevard just past the Lake Park Avenue bridge. They alleged that the new bike lane had a misaligned seam. As a result, the cyclist suffered from a “fractured cervical vertebrae, . . . a spinal cord injury and a brain injury.” Attorneys argued that their client a) experienced extensive injuries and b) did so because of the city’s negligence. The Oakland City Council settled the case for $6.5 million. (The Oakland Side)

Important Takeaways

In the aftermath of a bicycle accident, your duty—as the injured party—is to protect your rights. You have a limited amount of time to request a settlement. Most importantly, you will be going up against an insurance company that deals with these issues daily, putting you at a distinct disadvantage. Documentation is critical; the same goes for understanding comparative negligence and settlement multipliers.  

Therefore, working with a personal injury lawyer to explore how to maximize your settlement is advisable. Do not procrastinate; this is a phone call you want to make sooner rather than later. Remember, the insurance company has its attorneys on staff. Find yourself a lawyer today!

Sources

  • NHTSA: https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813484
  • Civil Code 1714: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1714.&lawCode=CIV
  • California Code of Civil Procedure section 335.1: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode
  • Forbes: https://www.forbes.com/advisor/legal/personal-injury/pain-suffering-calculator/
  • Altamira: https://www.altamira.ai/artificial-intelligence/car-damage-recognition/
  • The Oakland Side: https://oaklandside.org/2023/12/06/oakland-lawsuit-settlement-6-million-bike-rider-macarthur-boulevard/