All crash victims, especially bike accident victims, need and deserve substantial compensation for their serious injuries. Bicyclists account for only 1 percent of vehicle traffic. Yet bicyclists account for twice as many fatal crash victims. Even if they survive, these victims usually must deal with permanent injuries. If you’re wondering how much compensation will I get for a bike accident, it usually depends on the two areas outlined below. The amount of compensation is uncertain, but the types of compensation available are certain. Damages in a bicycle crash case usually include compensation for economic losses, such as medical bills. These medical bills usually exceed $50,000 in a serious injury case. Damages also include compensation for noneconomic losses, such as pain and suffering. It’s almost impossible to put a price tag on such losses. Negligence Basics If the tortfeasor (negligent driver) got a ticket, the negligence per se doctrine could apply. In most states, drivers are responsible for damages as a matter of law if they violate safety laws and that violation substantially causes injury. However, emergency responders often don’t cite drivers, even in fatal accident cases. They’d rather let the lawyers sort out liability in court. So, most bicycle crash claims hinge on the ordinary negligence doctrine. This legal rule has four basic components: Duty : Most drivers have a duty of reasonable care in most states. If you’re familiar with the Golden Rule (do unto others as you would have them do unto you), you’re familiar with the duty of reasonable care. Commercial drivers, like Uber drivers, have a higher duty of care in some states. Breach : Driver error causes about 98 percent of car crashes. Usually, this error is a breach of duty, or a lack of care. Sometimes it’s not. If Ralph was speeding 1mph over the limit, that’s probably not a breach of duty. Additionally, both drivers may have made errors. More on that below. Cause : Lawyers call factual cause “but-for” cause, as in the crash wouldn’t have happened “but for” the tortfeasor’s negligence. That’s a pretty subjective standard. Victims must also prove foreseeability (possibility) of injury. If Ralph hits Sam and the doctor makes a medical mistake during surgery, that’s not a foreseeable injury. Damages : Generally, the victim must sustain a tangible personal or property injury. Even a low-speed fender bender usually causes property damage. Florida, New York, and a few other states have no-fault insurance laws. These laws complicate this issue. Victim/plaintiffs must establish facts by a preponderance of the evidence, a legal term which means “more likely than not.” Possible Defenses Insurance company defenses reduce or deny compensation to victims. Comparative fault is probably the most common defense. Let’s go back to Ralph and Sam. Assume Ralph was speeding 10mph over the limit and Sam changed lanes without signaling. Most jurors would say they’re both at fault. In most states, Ralph receives compensation if Sam is at least 50 or 51 percent responsible for the wreck. Other defenses could cut off compensation altogether. The sudden emergency defense often comes up if a cyclist veers into a vehicle traffic lane. The last clear chance defense could apply in rear-end crashes.