Damages in Banning Bicycle Accident Cases

Because bicyclists do not have airbags, seatbelts, or even the metal frame of a motor vehicle protecting them, traffic collisions involving bicycles tend to cause much more serious injuries to bicyclists than to anyone else involved. Unfortunately, those injuries also tend to cause those bicyclists to suffer long-lasting and even life-altering losses, not all of which can be entirely addressed through financial restitution alone.

With that being said, civil recovery is still generally your best bet for protecting your long-term best interests in the wake of an incident like this, and recovering comprehensive compensation can still be key to maximizing your overall quality of life in spite of the harm you sustained. Here are some of the most common damages in Banning bicycle accident cases, which the bike injury attorneys at Walter Clark Legal Group have experience successfully suing for.

Economic Vs. Non-Economic Losses from Bicycle Crashes

“Compensatory damages”—the legal term for accident-related losses which can be “compensated” for through a financial payout—in Banning bicycle accident claims fall into one of two categories depending on how an injured person would establish a fair financial value for them. Economic damages refer to those with objective financial values that can be established through quantitative evidence, such as bills and receipts. Common examples include:

• Medical bills
• Lost work income and/or reduced long-term working capacity
• Out-of-pocket expenses for things like personal property damage and disability management

Conversely, non-economic damages are those that must be valued subjectively through qualitative evidence, such as personal testimony and, in many cases, established court precedent regarding what constitutes a fair amount of money for certain types of harm. Guidance from legal counsel can be crucial to recovering fairly for all losses stemming from a bike wreck, but especially when it comes to seeking restitution for non-economic forms of harm like physical pain, mental anguish, and lost enjoyment of life.

Are Punitive Damages Available in Bicycle Injury Lawsuits?

Rarely, a California court may also impose what are known as “punitive damages” against a person found at fault for a bicycle accident in Banning. As the name suggests, these are damages meant specifically to punish the defendant in a personal injury claim for extremely egregious misconduct, and more specifically for causing injury through “oppression, fraud, or malice” as established in California Civil Code § 3294.

Bicycle accident victims cannot receive punitive damages unless they specifically request them from the court handling their bike accident lawsuit, and then show through “clear and convincing evidence” that their named defendant intentionally tried to harm them and/or demonstrated extreme disregard for the safety of others. To reiterate, it is very rare for these damages to play a role in bicycle injury cases; however, they may be available if the person at fault for a bicycle crash caused the incident specifically by driving while extremely intoxicated or by intentionally swerving into a bicyclist near them.

Learn More from a Banning Attorney About Recoverable Damages in Your Bicycle Accident Case

Of course, this is far from a complete list of every possible compensable loss that could play a role in a bicycle accident claim. What it should make clear, though, is that the process of recovering fairly for damages in Banning bicycle accident cases can require a wide variety of evidence and can be procedurally trickier than many people expect.

Fortunately, you have support available from knowledgeable legal professionals who will ensure you are informed, legally protected, and able to proactively pursue fair compensation throughout every stage of your case. Call Walter Clark Legal Group today to learn more.