What Makes Your Bicycle Accident Case Different From the Average Personal Injury Case?

Cycling is a popular means of transportation these days, and people use bikes to not only commute but also to stay fit and healthy. However, bicycle accidents are common and can result in serious injuries to the rider. In such cases, the victim can file a personal injury claim to receive compensation for their injuries. However, did you know that your bicycle accident case is different from an average personal injury case?

In this blog post, we will look at the factors that make your bicycle accident case unique.

The Cause of the Accident

One of the significant differences between a bicycle accident case and an average personal injury case is the cause of the accident. In most personal injury cases, the cause of the accident is typically due to negligence, which could be related to vehicle accidents, slip and fall incidents, or medical malpractice.

In a bicycle accident case, the cause of the accident could be due to various factors, including road conditions, weather conditions, or defective bike parts.

The Severity of Injuries

Due to the lack of protection while cycling compared to being in an enclosed vehicle, bicycle accidents are usually more severe than average personal injury cases. Injuries could range from head trauma, broken bones, and spinal cord injuries to death. The severity of injuries sustained during a bicycle accident could have a significant impact on the compensation you receive.

In some cases, the cyclist may be blamed for their injuries. There is a misconception that cyclists are reckless and do not follow traffic laws, and insurance companies and defense attorneys may take advantage of this misconception to try to shift the blame to the cyclist in order to reduce the amount of compensation they have to pay.

Economic and Emotional Damages

In traditional personal injury cases, economic damages (such as medical bills and lost wages) are usually straightforward. However, in bicycle accident cases, economic damages can be significant. In addition to medical bills and lost wages, the cyclist may need a new bicycle, modifications to their home or car to accommodate their injuries, and ongoing physical therapy.

In addition, emotional damages can also be significant in bicycle accident cases. The cyclist may experience anxiety, depression, and post-traumatic stress disorder (PTSD) as a result of the accident. These emotional damages can be just as debilitating as physical injuries and should not be ignored.

Quantifying emotional damages in monetary terms is a complex process that is largely subjective, but several factors are commonly considered in this calculation. These factors include the cost of mental health treatment (such as therapy and medication costs), the severity and duration of emotional distress, personality changes, and loss of enjoyment in life.

It's important to remember that while emotional damages can significantly increase the value of a bicycle accident claim, they are often more challenging to prove than physical injuries. You may want to keep a journal to document the emotional consequences of the accident because this record can make it easier to get the compensation you deserve.

Legal Regulations

Bicycle accidents are subject to different legal regulations compared to average personal injury cases. For example, in some states, cyclists are required to follow specific traffic laws, such as riding on the right-hand side of the road. Failure to abide by these laws could affect your compensation claim. An attorney in your area can help you understand the laws that affect your particular case.

Shared Liability

One of the biggest differences between bicycle accident cases and other personal injury cases is the issue of liability. In most traditional personal injury cases, liability is clear-cut. For example, if someone slips and falls in a store because the floor was wet and a warning sign was not present, the store is usually liable for the person's injuries.

However, in bicycle accident cases, liability is often contested. The driver may argue that the cyclist was riding recklessly, while the cyclist may argue that the driver was not paying attention or was driving too fast. If there are no independent witnesses or camera footage, it can be difficult to prove who is at fault.

To establish that you're not at fault in a bicycle accident, it's crucial to collect as much evidence as possible. Immediately after the accident, if you're physically able, document the accident by taking pictures of the accident scene, looking for potential witnesses, obtaining any traffic camera footage, and writing down everything you can remember about the accident.

Bicycle accidents are different from average personal injury cases due to various factors. As such, the victims of bicycle accidents need the help of skilled personal injury lawyers who specialize in bicycle accident cases.

At Jeeves Law Group, we have years of experience dealing with personal injury cases, including bicycle accidents. If you or someone you love has been involved in a bicycle accident, please do not hesitate to contact us.