Accidents can happen anywhere. It may cause slight damage, like a graze, or a regrettable situation such as death. If you happen to be alive and are the victim of the situation, the one who caused the accident is responsible for you.
You are entitled to settle the situation with the other party paying for the damages. However, the gray area of that includes how much you are allowed to ask and when you can receive the amount.
Bicycle Accident Settlement: When Can You Ask For It?
For starters, it is important to recognize whether the situation is a ground for bicycle accident settlement or not. Here are the following common situations that are deemed to be an accident:
- Motorist emerges into the cyclist’s path
- Motorist turns into the cyclist’s path
- Motorist opens a car door into the cyclist’s path
- A cyclist rides into the motor vehicle’s path
- Motorist and cyclist straightly colliding
- Cyclist turns right from a minor path off to a major path
- A cyclist rides too fast
Upon the accident, you and the opposing party cannot just engage in an argument. A neutral party, in the form of a law enforcer, gathers all the details on each side before allowing an opportunity to talk things out. In the event that you and the opposing party haven’t reached an agreement, you will be asked to settle the matters in court, together with the issued tickets.
If you’re wondering if a cyclist can make an accident as a money-making scheme, then you’re not wrong. There are numerous that tried the scamming method, but due to the existence of dashcams and CCTVs, it can be easily busted.
If the law enforcer evaluates that the cyclist, with concrete evidence, has road violations that led to the accident situation, like no lights or driving in the wrong lane, and also violations that carelessly put him/her at risk, such as not wearing a helmet, then a settlement can never happen.
How Much Can I Claim?
The more damage there is, the larger bicycle accident settlement you can obtain. Many factors affect the amount you can claim. This includes the following:
- Injury’s severity
- Duration and difficulty of treatment (medical and surgical procedures, medication, diet, medical equipment, rehabilitation)
- Deformations and disabilities incurred (mutilation, trauma, etc.)
- Pain level (acquired throughout the medical treatment, after-effects of the treatment)
- Loss of earnings due to recovery time (employment or business)
- Property damages (unto one’s property only)
In the event that there is a loss of life, the matter becomes a whole new level. If you are in a hypothetical situation wherein there is a severe accident, your loved ones can process the settlement for your death. If your accident causes the death of another person (not the opposing party) and you still remain the victim of the situation, then the opposing party will deal with that.
The amount of the claim will not come from the victim’s side but from another neutral party, in the form of solicitors. One of their main services is to compute the damages, and your lawyer will use that information to make the settlement happen.
How Long Does It Take to Settle a Bike Accident?
Even if you are the victim of the accident and the damages are computed, it doesn’t mean that the bicycle accident settlement can easily be obtained. It takes time to settle a bike accident, depending on these factors:
- Your personal situation (medical and psychological recovery, financial capability for a lawyer, personal matters, and paperwork)
- The other party’s situation (medical and psychological recovery, financial capability for a lawyer, personal matters, paperwork, sincerity of the admission of fault)
- The justice system (schedule, availability, communication)
It will vary from one situation to another, and that is why it is very advantageous to hire a lawyer. There will always be situations wherein the victim is poor and the culprit is massively rich. It can be considered a ‘fortunate’ event if the culprit is kind and sincere. However, there is an equal possibility that a culprit is a selfish person, and it can result in a lengthy trial.
Why Do Cases Vary?
The cases handling bicycle accident settlements vary for various reasons. It can be a drag, but once the schedules of the parties involved seem to coordinate, a case can only last a few months. Otherwise, it can take years. The reasons can be:
- Recovery from injury
The case can happen if you are at least in a normal condition. This means that you can sense, think, and speak properly even if the majority of your body is fully cast or you are bound to a wheelchair for a long time. Your lawyer may do most of the heavy lifting, but the situation will always be based on your decision.
- Acquiring records
Acquiring medical records and other important documents for the settlement will depend on the responsible institution. They are, unfortunately, not obliged to prioritize you or your lawyer’s concerns. Obtaining necessary records can turn out to be a waiting game.
- Negotiations with the insurance company
This can be the most taxing one. It is already obvious that insurance companies like the situation where there are no accidents that have occurred. There will be a few debates happening, whether your claim is valid or not, but with complete records, your insurance company can only affirm your lawyer’s demands. That is how valuable the records, including the law enforcer’s evaluation, are.
If A Settlement Was Not Met, Can Going To Trial Be Possible?
There is also a possibility that a bicycle accident settlement will not be met. This may be due to the culprit’s lack of financial capacity or just sheer defiance of your claim. You can choose the option to take matters to a court, but expect that the case will be prolonged and the amount will be delayed further.
Get the Right Support for Your Bicycle Accident Settlement
If you've been involved in a bicycle accident and are wondering how long it may take to settle, don't go through it alone.
At The Law Office of Scott D. DeSalvo, we have extensive experience helping clients navigate the complexities of bicycle accident settlements.
Our team is dedicated to securing the compensation you deserve. Whether it’s medical expenses, lost wages, or pain and suffering, we’re here to support you every step of the way.
Contact us today to discuss your case and find out how we can help.
