Bicycle accidents can leave you with severe physical, emotional, and financial burdens. While you can ease the burden with compensation, there are several factors that can reduce what you recover. If you’re partly at fault, your compensation can be reduced in relation to your fault.
If you are injured in such accidents, the bias against bicyclists and the lack of insurance policies may further complicate your claim. But your rights can be safeguarded by a bicycle accident attorney at DFW Injury Lawyers. A skilled attorney can help handle the legal complexities and ensure that you have the highest possible chance of getting the compensation you deserve.
Here are some of the elements that can negatively impact your compensation in a bicycle accident claim.
Factors That Can Reduce Your Bicycle Accident Compensation
Below are the following factors that can reduce your bicycle accident compensation:
Comparative Negligence
If you are partly responsible for an accident, your percentage of responsibility could affect your reward. If you did not wear a helmet when the collision occurred, the insurance firm can use it against you.
Similarly, if you were speeding or broke traffic laws, your actions might be seen as contributing to the accident. In this case, your compensation will be reduced by the percentage of fault you hold. So, if you’re 20% at fault, your settlement could be reduced by 20%.
Disputes Over Liability
If it’s not certain who was at fault for the accident, insurers may dispute who is to blame. For example, if the evidence is unclear—like conflicting witness statements or erased video footage—the insurer can assert that the other party is not fully at fault. This may result in a lower settlement or even denial of your claim. To avoid this, unambiguous evidence showing the other party’s fault must be gathered.
Lack of Proper Documentation
Insurance companies rely on clean records to settle your claim. Without accident reports, medical reports, and witness statements, it may be harder to prove your injuries or causally link them to the accident.
Without a report of your injuries, the insurance company can claim that the injuries were not caused by the accident. Clear documentation provides evidence for your claim, and without it, your claim could be reduced or denied.
Bias Against Cyclists
Cyclists may be stereotyped when they get into an accident, especially where there is a low prevalence of cycling. Insurers and jurors might hold cyclists in low esteem and perceive them as reckless or aggressive riders.
The stereotype can undermine your claim because the insurers can dismiss your injury or unfairly attribute fault to you in causing the accident. To prevent this, you will need irrefutable proof to confirm the fault of the other individual and to ensure you’re treated rightfully.
Limited Insurance Coverage
If the policy on the driver at fault is not sufficient, your damages won’t be entirely covered. If the coverage on the driver is low and your medical costs and property damages are greater, you can find yourself shortchanged.
Being fairly compensated in a bicycle accident claim entails fixing all the issues that might decrease your claim value. Knowing comparative fault, liability disputes, document quality, biases, and insurance coverage limits is important.
