If you or someone you care about has been injured or affected by a bicycle accident in Missouri, you may be wondering what steps to take and how much compensation you may be entitled to.
The value of a bicycle accident claim in Missouri depends on a mix of factors that vary from case to case. These include the circumstances of the accident, the severity of the injuriesโ including psychological injuries and emotional traumaโrecovery time, medical disability, and financial losses.
Calculating the Value of Your Bicycle Accident Claim
To determine the full value of your claim, itโs important to know which damages may apply:
- Economic damages. These are the tangible, measurable losses directly related to the accident. They include current and future medical expensesโsuch as surgery, emergency care, physical therapy, and psychological treatment. Other examples are lost wages, reduced earning capacity, property damage, and out-of-pocket costs like transportation to medical appointments.
- Non-economic damages. These refer to the more personal, intangible losses that reflect the emotional and psychological impact of the accident. These may include emotional distress, mental anguish, and loss of enjoyment of life โfor example, no longer being able to ride a bike or participate in activities you once loved.
- Punitive damages. In Missouri, punitive damages are only awarded when:
- There is clear and convincing evidence that the defendant acted with an evil motive or reckless indifference to the rights of others (Missouri Revised Statutes ยง510.261).
- The plaintiff obtains court approval to pursue punitive damagesโthis is required under Missouri law before such a claim can proceed.
Figuring out the exact amount of compensation is fairly straightforward when you’re only dealing with economic damages. These are losses you can clearly measureโlike medical bills or lost wages. But calculating non-economic damages is more complex, since thereโs no concrete evidence to rely on.
In these cases, a jury may use one of two common approachesโor none at allโto estimate pain and suffering:
- The Multiplier Method: This involves adding up your actual financial losses and multiplying that total by a numberโtypically between 1.5 and 5โbased on the severity of your injuries. For example, someone dealing with long-term physical pain or emotional trauma might receive a higher multiplier to reflect the lasting impact on their life.
- The Per Diem Method: This assigns a daily dollar amount to your pain and suffering, then multiplies it by the number of days it takes you to recover.
Missouri law doesnโt formally require the use of either method. Instead, insurance companies and experienced Missouri bicycle accident lawyers often choose the one that best fits the situationโas long as it fairly reflects what the injured person has experienced.
Factors that Affect the Settlement Value
As we mentioned earlier, every case is unique โnot just because of the circumstances surrounding the accident, but also due to specific factors that shape how the case is assessed. Being aware of these elements is essential when assessing a fair settlement.
At Beck & Beck Missouri Car Accident Lawyers, we carefully consider all of these factors to help you estimate your compensation more accurately. With professional guidance, you will have a clearer picture of what your case is truly worth. Some of the key factors we consider include:
- Major injuries after an accident – This is often the most important factor in determining compensation after a bicycle accident. The more serious your injuries, the higher the potential settlement. This includes not only your current condition but also any long-term consequences that affect your daily life, ability to work, and emotional well-being. These lasting impacts are a major reason why cases involving severe and catastrophic injuries tend to result in higher compensation.
- Whether or not you are working with an attorney – Having experienced legal representation can make a significant difference. A knowledgeable attorney understands the law, knows how to calculate the full extent of your damages, and can thoroughly investigate your case. Insurance companies donโt always offer what victims are entitled to, but with skilled legal support, you can feel confident that your rights are protected and that someone is advocating for you every step of the way.
- If your case settles or goes to trial – Most injury cases are resolved through settlements, but some may need to go to trial. Your attorney should explain all your options and help you choose the best strategy based on the specifics of your case.
- Whether you were partially to blame – In some situations, fault for the accident may be shared. When this happens insurance companies will rush to conclude they donโt have to pay because of the shared liability. At Beck & Beck Missouri Car Accident Lawyers, we build strong legal strategies based on Missouriโs comparative negligence principle to ensure your side of the story is fully represented
Additional Factors to Consider
Besides medical expenses, non-economic damages, insurance policy, potential liability, and other costs, there are additional factors that must be considered when building the settlement:
- Statute of limitations. In Missouri, the state-approved deadline is five years from the day of the accident. However, the sooner you act, the better. Waiting too long can make it harder to gather strong evidence like witness statements or medical records.
- Bicycle helmet laws. Although Missouri does not have a statewide law requiring helmet use, many municipalities do. This can be a big factor in the case, especially when it comes to comparative negligence.
- Traffic laws. In Missouri, bicycles are considered vehicles. That means cyclists have many of the same rightsโand responsibilitiesโas drivers. A few key rules to keep in mind:
- Give space: Drivers must leave at least 3 feet of space when passing a bike.
- Bike lanes: Use bike lanes when available, but cyclist may ride on the road if itโs safe.
- Helmet rules: No state law requiring helmets in Missouri, but some cities require them for riders under 17 or 18.
- Follow the signs: Just like drivers, cyclists must stop at red lights, stop signs and all other traffic signals.
Considering the above, cyclists can also be held responsible if their actions lead to a crash that causes injury to themselves or others. Some cyclist behaviors that may lead to liability include:
- Violating traffic laws.
- Riding under the influence of substances.
- Riding recklessly.
- Riding on sidewalks.
- Riding the wrong way.
- Riding without proper lighting.
Disputes over who was at faultโor even over the details of the crashโcan greatly affect how much compensation you receive. If thereโs any doubt about what happened or how serious your injuries are, it can impact your final settlement.
Experienced Missouri Bicycle Accident Attorneys
After a bicycle accident, the legal process can feel overwhelmingโbut it doesnโt have to be. Our experienced legal team at Beck & Beck Missouri Car Accident Lawyers can step in early to guide the process. Ways we can assist include:
Gathering medical records, accident reports, and witness statements – this essential evidence combined with our expert legal support at this stage helps clarify your rights, assess the full impact of your injuries, and determine how much your bicycle accident claim is worth.
Prepare a demand package – this package outlines how the accident occurred, who was at fault, and what compensation is being soughtโsupported by solid documentation.
If you’re wondering when to hire a lawyer, the answer is simple: the sooner, the better. Early legal guidance can protect your rights and strengthen your case from the beginning.
Handle negotiations with the insurance company – our expert legal team will handle all essential communications and keep you informed throughout.
Proceed to trial if necessary – If a fair settlement isnโt reached, the case can proceed to trial where we will litigate on your behalf to recover maximum monetary compensation for your injuries.
Throughout the process, our skilled Missouri bike accident injury attorneys will also identify and resolve any medical liens or repayment claims that could affect the final payout. With experienced legal representation, you can focus on recovery while your case is managed with care and strategy.
Have questions? Call (314) 207-9996 today to speak with our legal team. Consultations are completely free of charge.
Some of the cities in Missouri where we have helped victims of bicycle accident injuries include St. Louis, O’Fallon, Jefferson City, Independence, Florissant, and Cape Girardeau.