Proving Damages After a Bicycle Accident

Why Bicycle Accidents Occur?

Bicycle accidents involve a cyclist colliding with another object or vehicle, causing harm or damage. These accidents can occur due to various factors, such as drivers’ negligence or recklessness, poor road conditions, or distracted driving. Because bicycles do not provide the same level of protection as cars, bicyclists often suffer the most severe injuries. Safe cycling habits such as wearing a helmet, following traffic laws, and using appropriate signaling are crucial to preventing bicycle accidents.

Importance of Proving Damages After a Bicycle Accident

Proving damages after a severe bicycle accident case is crucial because it helps you to recover compensation for your losses. When you are involved in any bicycle accident, you may incur various expenses such as medical bills, property damage, and loss of income.

Proving these damages helps you receive the financial compensation and support you need to recover and move forward. By proving damages, you hold the responsible party accountable for their actions, which can prevent similar incidents from occurring in the future.

Types of Damages That Occur After a Bicycle Accident

After a bicycle accident, two main types of damage usually occur:

• Economic damages 
• Non-economic damages

Economic Damages

Economic damages refer to the actual monetary losses you incurred from the accident. It includes medical expenses, property damage, and loss of income. For bicycle accident cases, for example, if you had to pay for medical treatment, repair, or replace your damaged bicycle, these expenses to recover damages would fall under economic damages.

Medical Expenses

Medical expenses are the costs associated with personal injury claims and the medical treatment you received after the accident. It includes hospital bills, doctor’s fees, medication and doctor bills, and rehabilitation expenses. It is essential to keep track of all medical bills related to the accident, including those that may arise in the future, to ensure you receive fair compensation.

Property Damage

Property damage includes any damage to your bicycle or other property during the accident scene. It has the cost of repairing your bicycle or any other property that was damaged in the accident.

Loss of Income

Loss of income refers to the wages or earnings you lost due to the accident. It can include the time you missed from work due to injuries in a bicycle crash or time spent recovering from the accident. You may also be responsible for compensation for future lost earnings if your damages prevent you from returning to work.

Non-Economic Damages

Non-economic damages refer to the intangible losses you suffered due to the accident. It includes pain and suffering, emotional distress, loss of consortium, and lastly, loss of enjoyment of life. For example, if you experienced physical injuries or emotional pain from the accident, this would be considered non-economic damage.

Pain and Suffering

Pain and suffering can include the physical pain and discomfort you experienced due to the accident. It can also have any ongoing pain or disability resulting from the accident.

Emotional Distress

Emotional distress refers to the psychological impact of the accident. It can include feelings of fear, anxiety, depression, and post-traumatic stress disorder (PTSD).

Loss of Consortium

Loss of consortium refers to losing companionship or support from a loved one due to severe injuries due to the accident. It can include the loss of a spouse’s love and affection or the inability to participate in activities with a loved one due to injuries sustained in the accident.

Loss of Enjoyment of Life

Loss of enjoyment of life takes to the loss of ability to participate in activities or hobbies you enjoyed before the severe accident occurred. It can include physical activities, social events, and other enjoyable experiences impacted by the accident.

Evidence Gathering

These types of other evidence are all crucial in establishing the extent of damages and increasing the chances of receiving fair compensation.

• Medical records
• Police report
• Witness statements
• Photographs and video evidence
• Expert opinions

Calculating Damages

Calculating the damages after a bicycle accident involves determining economic and non-economic losses. Here are some key factors to consider:

Economic Damages:

• Calculation of Medical Expenses
  The medical expenses associated with treating injuries resulting from the bicycle accident should be calculated. It includes all medical bills, such as doctor’s fees, hospitalization, and prescription medication expenses.
• Calculation of Property Damage
  If your bicycle or other property was damaged during the accident, it is essential to calculate the costs of repairing or replacing the damaged property.
• Calculation of Loss of Income
  The lost wages or income should be calculated if you had to take time off work due to injuries.

Non-Economic Damages:

• Calculation of Pain and Suffering
  The physical and emotional pain and suffering from the accident should be considered.
• Calculating the Emotional Distress
  Emotional distress, such as anxiety, depression, and PTSD, can be included in the calculations.
• Calculation of Loss of Consortium
  If the accident affected your relationship with your spouse, you may be able to include damages for loss of consortium.
• Calculating the Loss of Enjoyment of Life
  If the accident impacted your ability to enjoy activities that you once loved, the costs of that loss could also be included.

Calculating damages for head injuries can prove to be complex. But it is essential to consider all injuries when seeking compensation for a severe bicycle accident claim.

Proving Damages in Court

Proving damages in court involves presenting evidence to establish the extent of injuries resulting from a bicycle accident. It includes providing documentation and expert testimony to calculate economic and non-economic damages. The plaintiff should meet the burden of proof, follow jury instructions, and may engage in settlement negotiations to make personal injury cases seek fair compensation. Ultimately, the goal is to demonstrate to the court the full extent of the damages suffered due to the bicycle accident.

• The burden of proof
  The plaintiff must prove that the accused negligence caused their injuries and resulted in damages. 
• Expert testimony
  Experts can provide testimony on issues such as medical bills, property damage, and the impact of injuries on the plaintiff’s life. 
• Jury instructions
  The judge instructs the jury to evaluate the evidence presented and determine if the plaintiff is entitled to damages. 
• Settlement negotiations
  Parties can attempt to reach a settlement agreement to avoid the time and expense of a trial.

Take Action to Prove Damages After a Bicycle Accident

If you have ever been involved in a bicycle accident and have suffered damages, it is essential to take action to prove those damages and seek fair compensation. Contact an experienced bicycle accident lawyer from Bike Legal to discuss your case and learn about your legal options. Contact us and schedule a free consultation by dialing 877-245-3534. You can get the compensation you deserve with the proper evidence and legal representation. Don’t delay. Take action today to protect your rights and get the compensation you are entitled to.

FAQs

What Evidence Is Necessary to Prove Damages After a Bicycle Accident?

To prove your damages after a bicycle accident, you will need evidence such as medical records, a police report, witness statements, and photographs or videos. Expert opinions from bicycle accident lawyers and medical experts can also be helpful in some instances.

How Do I Calculate My Damages After a Bicycle Accident?

Calculating damages after a bicycle accident involves determining the economic damages, such as medical expenses, property damage, and loss of income, as well as non-economic damages, such as pain, suffering, emotional distress, and loss of enjoyment of life. Your bicycle accident lawyer can help you calculate the damages you are entitled to.

What if I Can’t Prove My Damages in Court?

Getting the compensation your insurance company or law firm says you deserve can be challenging if you can’t prove your damages in court. However, an experienced lawyer can help you gather the necessary evidence and build a solid case to prove your damages.