Bicycle Accident Compensation

How to claim compensation for a Bicycle Accident?

 Do you need to make a Compensation Claim for a Bicycle Accident in Barcelona? The use of the bicycle has become popular especially in cities like Barcelona, since it is an alternative, light, economical means of transport that has increased in recent years. 

However, although the use of the bicycle makes it easier for us to travel to different places, it is an unsafe means of transport, because the drivers of vehicles such as buses, motorcycles, cars and even an electric scooter are much heavier vehicles than They can reach high speeds and when impacting with the bicycle they usually cause serious damage to the drivers of the same.

On some occasions, many vehicle drivers do not know the system of preferences and give way when a bicycle crosses, and the occupation of the bicycle lane by other vehicles is common, even on many occasions without the driver of the vehicle realizing it. There are many dangerous situations on the roads, improperly occupying lanes, making prohibited turns and we must remember that when riding a motorcycle or bicycle any fall can be very serious, damaging the physical integrity of the bicycle driver.

To claim compensation for a bicycle accident it is important to take into account the following points.

Determining Fault for the Bicycle Accident

That is to say, in bicycle accidents, the drivers of the same are usually the most affected victims, because with a simple blow they can be seriously injured.

In the first place, it will be necessary to try to determine with all the means of proof that may be available, mechanical experts, reconstruction experts of the accident, photos, videos, the sketch of the report made by the police, the witnesses and a long etc? that you were not responsible for the accident, but whoever was responsible is the one who crashed.

Claim damages even if the injuries were not serious

It does not matter if, due to the bicycle accident suffered, there has been a slight, serious or very serious injury; Whatever the damage, it is subject to a claim. In other words, as a victim of a bicycle accident you have the right to be paid for the damages suffered.

Over the years at Masramon Abogados we have had experience with insurers that tend to minimize the damage caused and always try to distort the version of the victim who has suffered the accident, therefore, if you have suffered an accident as a driver Do not hesitate to contact us urgently, we will advise you on how to enforce your rights and we will defend you before the insurance companies to claim your compensation in the bicycle accident.

Evidence of the material value of the goods
In bicycle accidents, one of the most difficult things to establish, and prove to the insurer, is the damage suffered by our property, such as the bicycle we were on board, clothing, helmet, mobile phone, glasses , gloves etc 
This is because when claiming compensation for a bicycle accident, receipts or invoices are always required, often mobile, helmet and even bicycle invoices; and due to time we no longer have them because as it is an alternative means of transport they are usually bought even second hand, so the recommendation would be to always keep the receipts and invoices for all the goods necessary for the use of the bicycle.
What happens when you are responsible for the accident?

In most cases, bicycle accidents are usually caused by third parties who drive vehicles, buses or motorcycles, however, when the person responsible for causing the accident due to negligence is the driver of the bicycle, due to failure to respect the traffic rules, in this case then we will have to analyze in detail if the other driver of the vehicle also violated any rule, since if this happened, then we could be able to claim compensation. 

On occasions, being the driver of the bicycle has caused an accident, but if we analyze the speed at which the other driver was going and if we can determine through a accident reconstructionist that the speed of the other driver was very high, we could claim compensation on many occasions due to concurrence of fault, that is, that both drivers are guilty of an infraction.

At present, and due to the large volume of bicycles used in interurban areas such as the city of Barcelona, many of the drivers have specific bicycle driver insurance, this insurance provides legal security to the driver, and guarantees that in to a lesser or greater extent, if you have a bicycle accident and you were at fault, your insurance company will, in most cases, pay compensation for the injuries or damages that have been caused.

On the other hand, there is also a high number of bicycle drivers who do not have specific insurance and in this case the bicycle driver when he drives negligently will have to take charge of the compensation that compensates for the damages.

Have you suffered a traffic accident?
Have you suffered a Bicycle Accident?

Calculation of compensation for a bicycle accident

To claim compensation for a bicycle accident, it is important to know that said processing will be done in the same way as the rest of the accidents (vehicle, motorcycle, electric scooter, etc.), that is, that the calculation of the compensation will be made according to with the scale of traffic accidents. Therefore, the variables of recovery time and severity of the injury will be taken into account.

Along these lines, it is important to mention that, in bicycle accidents, an expert report must be made on the damage caused, both material and physical, although experience indicates that bicycle accidents can be very serious, since in this type In accidents, the victim suffers serious injuries to a greater extent and, on many occasions, the victims of run-overs usually die, in which case the people in charge of demanding compensation are the relatives.

What can be claimed in a bicycle accident?

When suffering a bicycle accident, you will have the right to claim compensation, in said compensation the following damages will be valued:

personal damage

The insurer will assess the bodily harm suffered and even the psychological damage that may also have been a consequence of the accident, that is, the same damages will be claimed as in traffic accidents, which must be appraised using the scale of traffic accidents, in force the year in which the accident occurred.

That is, if you have suffered injuries from a fall, muscle injuries, head injuries, trauma, days spent in hospital, etc. each and every one of these damages has been valued in the scale of traffic accidents and each injury is assigned a value in euros.

Using bodily damage appraisal experts, all the injuries and sequelae that have been suffered can be valued professionally, managing to compete with the experts from the insurance companies, making it easier to reach an agreement with them.

property damage

When a bicycle accident occurs, there is usually a lot of material damage, these damages must be compensated by the party that was at fault for the accident, therefore, they are damages that you can claim regardless of the injuries you may have suffered .

Material damage may consist of bicycle repair or compensation for the value of the bicycle in case it cannot be repaired, helmet, mobile phone, etc.

Patrimonial damage

The patrimonial damage is a concept that includes both consequential damage, that is to say, all the expenses that have had to be paid derived from the bicycle accident, as well as lost profits, which would be the economic losses or lawful profits foregone for having suffered a bicycle accident.

In other words, we will have to pursue full compensation, which not only includes the direct expenses that we have had, but also the income that we could have generated in the event of not having suffered a bicycle accident.

Frequently Asked Questions about Bicycle Accident Compensation

If a bike stalls in another lane or makes unpredictable movements due to a faulty brake, the cyclist may be at fault. However, if the brakes fail due to a manufacturing or installation defect, the manufacturer may be held liable.