Monterey Bicycle Accident Lawyers

Proving Negligence in a Bike Accident Case

To receive compensation for a bicycle accident injury, California law requires victims to show four different elements of negligence. If the victim cannot prove each of these elements, they may not receive compensation: 

• Duty of care—the defendant had a legal duty to act in a reasonable way to keep others safe;

• Breach of duty—the actions of the defendant breached their duty of care;

• Causation—those actions directly caused the accident in question; and

• Damages—the victim of the accident has measurable losses.

This is why it’s incredibly important to gather as much evidence as possible relating to the accident. Good Monterey bicycle accident lawyers understand this and can help gather evidence on your behalf, including photos, videos, medical records, and witness testimony.

Potential Bike Accident Damages

In California, there are two types of damages that play a significant role in bicycle accidents: economic and non-economic. Each type serves a different purpose, but both go into the calculation of your case’s value.

The first, economic damages, refers to any financial losses associated with your accident. For bicycle collisions, this usually includes things like:

• Hospitalization fees,
• Doctor’s visits,
• Surgeries,
• Medications,
• Property damage,
• Reduced earning capacity, and
• Lost wages during recovery.

As you can see from this list, these losses are financial in nature and result in some sort of bill or other cost. For this reason, they serve as the pillar of your claim. 

The other type, non-economic damages, is a little bit different. That’s because non-economic damages are the physical and emotional losses related to the accident. Commonly known as pain and suffering, this type includes losses such as:

• Mental anguish,
• Chronic pain,
• Disability,
• Disfigurement,
• Reduced quality of life, and
• Loss of consortium for a spouse.

Since these losses affect every victim differently, many Monterey bicycle accident lawyers use different calculations depending on the situation. In some cases, they might even create a unique calculation for an individual client.

The Truth About the Average Settlement for Bicycle Accidents

On the internet, you may find sources that claim to know the average settlement for a bicycle accident. However, these averages aren’t as accurate as they may seem. For example, a major portion of personal injury cases arising from bike accidents keep their settlement results confidential. As a result, averages typically leave out a significant number of settlements, skewing the result.

Generally, the value of a bicycle accident varies from case to case. Every situation is unique, so the overall value of your claim depends on:

• The severity of your injuries;
• The physical and emotional losses you endure; and
• Whether your injuries impact your career or work.

At Silva Injury Law, our Monterey bicycle accident lawyers understand that these factors aren’t the same for everyone. That’s why we use an individualized approach whenever we take on a new client. What may work for your case might be different from another victim’s situation.

Contact Our Monterey Bicycle Accident Attorneys Today

If you sustain an injury in a bicycle accident, you need any attorney who’s willing to fight for you every step of the way. At Silva Injury Law, we work for our clients’ wellbeing from day one, finding them great doctors and pursuing the best possible outcome for their case. To us, our clients are our family. For a free consultation, please call us or send us a message.

Our experienced legal team also handles other types of injury cases, including:

• Auto Vehicle Accident
• Trucking Accident
• Motorcycle Accident
• Pedestrian Accident
• Dog Attack
• Trip and Fall
• Sexual Harassment
• Wrongful Death Claim
• Drunk Driving Accident
• Distracted Driving Accident