Every bicycle accident case is different based on the facts and circumstances of the case. Basically, a bicycle accident payout is determined on three major factors:
- Who’s at Fault?;
Liability of who is at fault for the accident is many times based upon a police report. Even though a police report is persuasive evidence, it goes a long way in a party accepting or denying liability.
There are incidents where both the driver and rider have fault for the collision. When this is the case, independent witnesses and expert opinions can help place negligence on the other driver. The higher percentage of negligence on the other driver, the greater the likelihood the other side will take responsibility and compensate you for your claim.
- How Much Were You injured?;
Damages are based on your injuries. There are two types of damages: economic and non-economic damages. Economic damages are damages you can prove through documentation like a bill or a receipt.
The examples of economic damages are past medical bills, future medical bills, loss of earnings, and loss of earning capacity. Non-economic damages are ones you cannot prove. The most common example is your pain and suffering.
To determine the value of pain and suffering, you may look at the seriousness of the injury, the type of treatment you received, the quality of life you are experiencing after the accident, and the amount of pain associated with your injuries.
- Who is Going to Pay and What are the Limits to the Insurance Policy?
Insurance is the final factor. There needs to be insurance so you may be compensated for your injuries. The insurance could be through the other driver’s automobile insurance or through your uninsured motorist coverage.
After knowing who has the insurance, the next step is to determine the policy limits of the insurance. Knowing the policy limits will help in making a strategy for your case.
In California, the minimum amount of insurance needed to drive a vehicle on the highways is $15,000 per person, $30,000 per incident. Therefore, if the policy limit is only $15,000, the strategy is much different than when the policy limit is $250,000.
Each case is different based on the facts and circumstances of the case, but basically, it comes down to liability plus damages plus insurance limits equal the recovery amount.
Contact a Long Beach Accident Attorney
Contact a Long Beach personal injury lawyer if you have been injured in a bicycle accident. The Beliz Law firm. will fight for you to get you the compensation that you deserve.