What damages can I seek if I was involved in a bicycle accident?
By GNGF on January 20th, 2023 in
If you have been involved in a bicycle accident in El Paso or Las Cruces, you may have severe injuries resulting from the accident. You may be unable to work and make a living, facing not only a mountain of medical expenses but an inability to pay your regular monthly expenses as well. In 2020, 82 bicyclists were killed in accidents with vehicles in the state of Texas. In 2022, New Mexico was rated as the 7th most-deadly state for bicyclists, with 2.91 deaths per 100,000 bicyclists.
Bicyclists are much more likely to sustain serious, even catastrophic injuries following a collision with a vehicle because they have virtually no protection other than a helmet if worn. Because your injuries are likely to be extremely serious, having a strong bicycle accident attorney from Harmonson Law Firm can truly make a difference in the outcome of your personal injury claim. You may wonder what damages you are entitled to following your bicycle accident.
While each case is unique, these are the types of damages you can recover if you are injured in a bicycle accident caused by a negligent driver:
- All Reasonable Medical Bills (past and future)
- Lost Wages and Lost Ability to Earn Wages in the Future
- Loss of Household Services
- Pain and Suffering
- Mental Anguish
- Permanent Impairment
Medical expenses include the cost of an ambulance, hospital and surgical expenses, physician expenses, the cost of prescription drugs, rehabilitative therapy expenses, and any assistive devices you may need in the future. You are entitled to any lost wages; if you will be unable to work for a very long time as a result of your accident, your attorney will calculate lost future wages. Lost future wages are based on your age, your current position, and how likely you would have been to advance in your career.
Pain and suffering damages are considered non-economic damages because they are more difficult to quantify. Pain and suffering damages include actual physical pain, as well as mental pain and trauma. Pain and suffering damages can also cover the trauma of disfigurement or permanent impairment, along with loss of enjoyment of life.
Are bicycle accidents difficult to prosecute in court?
There is a prejudice that needs to be overcome when it comes to representing bicycle accident victims because some people simply do not believe that a bicycle enjoys the same rights and privileges as passenger vehicles. While the law is clear that bicycles have a right to be on the road, a good personal injury lawyer needs to beware of the prejudice and work to educate the insurance company, their adjusters, and members of the jury about the law and cyclists’ rights.
Bicyclists face unique challenges because they are smaller and less visible. According to the CDC, most bicycle deaths occur on city streets, most often on sections of roads away from intersections at higher speeds. Only about 27 percent of all bicyclist deaths occur at an intersection, likely because the speed of the vehicles is lower when they are making a turn or going through an intersection. Bicyclists can also be injured when a driver parks, opening the vehicle door into traffic without looking to see if there is a bicyclist headed toward the car. Even road defects are liable to cause a fair amount of bicycle accidents.
Vehicles often drive too close to a bicyclist when passing them or too closely behind a bicyclist. These are extremely dangerous behaviors that can cost a bicyclist his or her life or result in severe injuries. Many bicyclists end up with brain injuries from being struck by a vehicle, while others sustain spinal cord damage, internal injuries, broken bones, and more. If you have been injured while riding a bicycle in the El Paso or Las Cruces areas, Harmonson Law Firm is ready to help you obtain compensation for damages for a bicycle accident—including the best financial settlement, and the best medical treatment.
How the Harmonson Law Firm with Offices in El Paso, TX and Las Cruces, NM Can Help
Bicycle accidents are often extremely traumatic. Your injuries may take months or years to fully heal, making it difficult for you to return to your normal life. You may be unable to return to work, possibly even unable to handle your regular day-to-day tasks. At Harmonson Law Firm, attorneys Hadley Huchton and Clark Harmonson understand that a serious personal injury can be one of the most stressful events you may face in your life.
We will be zealous advocates for you from start to finish. We are never afraid to go to court if that’s necessary to obtain a full and fair settlement, so we always prepare each claim as if it will go to court. This means we are never left unprepared. While we certainly have the skills and experience necessary to secure a fair settlement on your behalf, what really sets us apart is our level of commitment to each and every client. When you choose Harmonson Law Firm, you will always be treated with dignity and respect. We go the extra mile for our clients because we are passionate about helping good people hurt in bad accidents. Contact Harmonson Law Firm today. Please note that nothing herein is meant as legal advice specifically related to your case.