Obstacles to Settlements in Bicycle Accident Cases

Most bicycle accident cases settle out of court. Unless a lawyer deals with some common obstacles, that settlement may not be sufficient to cover economic losses, let alone fully compensate the victim.

Bicycle accident victims badly need the largest possible settlement. Injuries are usually very severe in these cases. Bicyclists have almost no protection from oncoming vehicles during collisions. As a result, bicycle accident medical bills are significantly higher, on average, than car crash injury medical bills.

More severe injuries also create more pain and suffering for victims. The more aggressive treatment and longer recovery time not only drives up medical costs. It also extends and magnifies the emotional distress these victims feel.

An Oceanside personal injury lawyer works hard from start to finish in these cases, in order to gather the necessary evidence and present it properly in court. Furthermore, a lawyer encourages victims to persevere rather than settle their cases for pennies on the dollar.

Lack of Factual Proof

A settlement is available if an Oceanside personal injury lawyer proves negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. A bicycle accident negligence case has four basic elements in California. All four present proof issues.

• Duty: Most drivers have a duty of reasonable care to avoid accidents if possible and obey the rules of the road. But this high level of legal responsibility doesn’t apply to all drivers all the time.
• Breach: Essentially, a lawyer must prove that the bicycle crash was not an “accident.” Device distraction is a good example. The plaintiff must prove that the tortfeasor (negligent driver) was paying more attention to the device than the road.
• Cause: Usually, an Oceanside personal injury lawyer must establish a direct connection between the breach and the damages. An indirect connection may be legally sufficient, but not compelling to jurors.
• Damage: Generally, the more evidence of damages, like medical bills, an attorney presents, the more compensation jurors award.

Note that a preponderance of the evidence is the minimum requirement. In all areas of life, including personal injury cases, minimal efforts typically yield minimal results. To obtain maximum compensation, a legal team must go the extra mile when gathering evidence.

Legal Theories That Affect Settlement Amounts

Comparative fault, in one form or another, may be the most common legal theory in this area. Basically, comparative fault (contributory negligence) shifts blame for a bicycle accident from the tortfeasor (negligent driver) to the victim.

This doctrine comes up frequently because, in many cases, both parties are partially responsible for a vehicle collision. For example, perhaps the tortfeasor was speeding and the victim turned illegally.

Bicycle-on-vehicle crashes are different. Most bicyclists stay to the right of the road and out of primary traffic lanes. Furthermore, a tortfeasor behind the wheel of a large pickup truck, SUV, or other such vehicle usually will not alter course to avoid hitting a bicycle.

The law is also favorable to victim/plaintiffs in California. The Golden State has a pure comparative fault law. Even if the tortfeasor was only 1 percent responsible for the wreck, the victim is still entitled to a proportionate share of compensation.

The assumption of the risk defense could apply as well, especially if the bicycle accident victim wasn’t wearing a helmet and sustained a head injury.

Victim/Plaintiff’s Willpower

Usually, the road to a settlement is long and winding. Understandably, many victims want to bypass this process, get a quick check, and move on with their lives as best they can. As a result, the settlement is big enough to pay some, but not all, accident-related costs.

So, in addition to being a legal advocate, an Oceanside personal injury lawyer is also a cheerleader. Attorneys encourage victims to persevere so they don’t end up paying for accident-related losses out of their own pockets.

Rely on a Savvy San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Oceanside, contact the Pursley Law Firm. The sooner you reach out to us, the sooner we start working for you.

Source:

pmc.ncbi.nlm.nih.gov/articles/PMC3217422/