After a bike accident, many victims go on the internet to find a settlement calculator for their accident.
Sometimes, they try to find an average to know what to expect. However, any average settlement for a bicycle accident should be taken with a grain of salt.
The reality is that this data doesn’t give you a clear picture of your potential settlement based on your circumstances.
Here’s why you shouldn’t rely on averages and should speak with a skilled Georgia bicycle accident attorney to estimate your damages.
Feel free to call us at (770) 988-5252 or send an online message today for a free consultation.
Why There Is No True Average Settlement for a Bicycle Accident
Bike accident compensation claims don’t have a reliable average settlement because the circumstances and damages involved in each case aren’t the same. That’s because several factors go into any personal injury settlement, including those involving bike accidents.
Damages Vary Between Cases
You may wonder, How much compensation will I get for a bike accident?
It’s crucial to understand that damages in bicycle accident cases vary on a case-by-case basis. Several factors contribute to this variability, including the severity of injuries, the circumstances of the accident, and applicable laws.
Here’s a breakdown of these factors.
- Severity of injuries. The nature of the injuries sustained in a bicycle accident is one of the most significant factors affecting compensation. Generally, the more severe the injury, the higher the potential compensation due to medical expenses and ongoing care.
- Lost wages and earning capacity. If the injury affects the victim’s ability to work temporarily or permanently, compensation may include lost wages for the time off work. It potentially also includes lost future earning capacity if the victim can’t return to their previous job or work at all.
- Pain and suffering. This category is more subjective and covers the physical pain and emotional distress suffered by the victim. The amount awarded for pain and suffering varies widely and depends on the individual circumstances of the case.
Because of these factors, average settlement figures are misleading. A case with a high-value settlement involving severe injuries and clear liability does not provide an expected outcome in another case with different circumstances.
Each bicycle accident case is unique, and compensation depends on the specific facts and legal issues.
Modified Comparative Negligence Affects Payout
Contributory negligence is a legal concept used to determine the portion to which a person seeking damages may have contributed to the harm they suffered. In other words, how much of the incident is the plaintiff’s fault?
Under Georgia’s modified comparative negligence system, a plaintiff’s recovery is reduced by their percentage of fault for the accident.
However, their share of fault must be below 50% to pursue compensation. If the plaintiff is 50% or more at fault, they cannot recover damages.
How Comparative Negligence May Apply to a Bicycle Accident
At first, comparative negligence law may seem complex. So, here’s a hypothetical example to explain how this law works in the context of a bicycle accident in Georgia.
Suppose Alex is riding his bicycle on a road in Georgia. He is riding against traffic, which is against Georgia’s bicycle laws. At the same time, Bob is driving his car on the same road and is texting while driving, which is also against the law. Because Bob is not paying attention, he swerves slightly into the bike lane, hitting Alex and causing him injuries.
In the resulting lawsuit, the court found that Bob was 80% at fault for the accident because he was texting while driving, which is a significant distraction. However, the court also found that Alex was 20% at fault because he rode against traffic, contributing to the accident.
If Alex’s damages total $100,000, Georgia’s modified comparative negligence rule reduces his recovery by his percentage of fault. Therefore, Alex’s recovery would be $80,000, which is 20% less than initially sought.
This example illustrates how Georgia’s modified comparative negligence system works to allocate damages.
Our Attorneys Know How to Accurately Estimate Your Claim
If you’ve been involved in a bicycle accident, understanding your rights and the potential for compensation is crucial. Every case is unique, and the amount you can recover depends on various factors. Don’t navigate this complex process alone.
At MG Law, our experienced Georgia bicycle accident lawyers are here to guide you through every step. With recognition from the National Trial Lawyers and Super Lawyers, we always put our clients first and work with them one-on-one.
Call us at (770) 988-5252 or fill out our online form today for a free consultation. Your journey toward healing starts with a single step. Make it count.
Amer Ahmad is a trial lawyer at MG Law. He represents seriously injured clients who are going through some of the most difficult moments of their lives. Amer’s practice includes representing families in wrongful death cases and individuals seriously injured by motor vehicle accidents, negligently maintained premises, and defective products. As a former insurance attorney who knows the insurance companies’ playbook, he helps MG Law clients even the playing field and avoid insurance tricks. Due to his experience and results, Amer has been named a Georgia Rising Star by Super Lawyers and Atlanta Magazine from 2019 until 2024. Only 2.5% of all lawyers in Georgia are selected as Rising Stars.