Compensation for Bicycle Injuries

Many people enjoy riding bicycles for leisure, exercise, and to enjoy the open air when the weather is beautiful outside. Others prefer riding bicycles to school or work close to home. A bicyclist sharing a road with motorists, however, exposes the cyclist to road hazards, including accidents.

According to the National Safety Council (NSC), the number of avoidable deaths from bicycle accidents increased 6% in 2019 and has increased 37% in the last ten years, from 793 in 2010 to 1,089 in 2019. On the brighter side, the number of preventable injuries that did not result in deaths has declined 40%, from 515,861 in 2010 to 308,864 in 2019. 

However, bicycle accidents are inevitable, and if you are involved in one, you may sustain serious injuries that could be debilitating and life-changing. Even if the accident is not deadly and you survive, you could be unable to work for some time or even indefinitely, depending on how severe your injuries are.

Getting Compensated for Injuries from a Bicycle Accident

The first thing most bicycle accident victims want to knowis  if the accident is serious enough and what compensation they may be entitled to receive. At The Cartwright Law Firm, Inc., we get those questions all the time, but a complete answer is not possible unless we know all the facts and circumstances surrounding the accident.

Generally, however, if your accident was caused by someone who was negligent, you may recover compensation for the injuries you suffered and expenses you incurred because of the accident. The compensation may include:

1. Medical costs.  If your injuries required medical attention and a visit to the emergency room, you may be able to recover those expenses from the person or entity that caused your bicycle accident. It does not matter how low or high those expenses are or how minor or serious the injuries you suffered turned out to be. For example, if you only visited a doctor one time only to determine the extent of your injuries, what you paid for in that visit is recoverable as medical cost compensation. The same is true and goes without saying if your injuries were serious and you had surgery or are undergoing long-term medical care. 
2. Lost wages. If you were unable to go to work because you were receiving medical care or are in recovery, you should be able to receive compensation to make you whole, meaning, to receive monetary payment of the same amount you would have made had you gone to work but were unable to because of the accident. Should it be the case your injuries are so severe that you are no longer able to return to work, you would be able to seek and obtain lost future income. That will be the same if you wish to return to work, but your employer does not allow you or altogether terminates your employment. There are other laws that may come into play, such as wrongful termination, but your primary recourse will be under personal injury law, which provides someone in your situation certain rights to be compensated for lost future income in circumstances such as this.
3. Physical property damage. If your bicycle was damaged or rendered unusable, you can seek and receive compensation for the loss or damage. It is sometimes overlooked, but you can also recover compensation for any personal property that was destroyed or damaged during the accident. For example, you may have had items such as your glasses, smartphone, or watch which was damaged or rendered useless because of the accident. If that was the case, you should be able to seek compensation for the value of the damaged or lost items.
4. Pain and suffering. Accident victims may suffer or undergo a disruption of their lives that is not easy to document, but under personal injury law, this is compensated under what is known as pain and suffering damages. Pain and suffering are compensation given to an accident victim to compensate for the emotional pain and anguish they have suffered or continue to suffer because of the accident. Although pain and suffering is difficult to prove, our experienced attorneys at the Cartwright Law Firm routinely help our clients to successfully make a case for pain and suffering compensation and could do so in your case. 
5. Punitive damages. This is a rare form of compensation that is available in extreme cases where the person or entity that caused the accident has done something the law deems to be callous or malicious. If that is the case, then the individual or entity is required to pay something more than normal compensation as both a deterrent for them and others not to do the same thing in the future and as punishment for their callous or malicious conduct.

Whether you can be compensated for your injuries and how much the compensation could be will depend on several factors, including who is found to have been at fault in causing the accident, the circumstances surrounding the accident, and the severity of your injuries.

Things You Can Do If Involved in a Bicycle Accident

There are a few things you can do following an accident, to the extent you are able to, that can help your personal injury case and keep you safe from further harm. Some of those things include the following:

1. Call 911 or have someone else call and tell them you’re injured and need help
2. Be careful not to say much because some of what you say could be included in the police report and may undercut you in any claim you may have
3. Get other driver’s information, including their driver license number, vehicle description, and license plate number
4. Get witness statements if possible. Many witnesses are reluctant to get involved but do your best to politely ask for their names and contact information.
5. Take photographs and video record
6. Do as instructed by law enforcement or medical personnel.

Reach Out to a San Francisco Bicycle Accident Attorney Today

If you have been injured in a bicycle accident, contact the office of The Cartwright Law Firm, Inc., today for a free case review. We represent the rights of injured cyclists in the Bay Area, and we can advise you of your rights.