What Damages Can an Injured Bicyclist Recover?
State law enables a bicyclist who was injured in a Pocatello accident to recover economic and non-economic damages and, under unusual or very egregious circumstances, punitive damages. A bicycle accident lawyer at our Pocatello office can estimate the specific damages that you might recover in view of the evidence in your case, which might include:
- Reimbursement for your current and future medical bills and expenses
- Costs of physical and occupational therapy
- Replacement of income that you were unable to earn while you recuperated from your injuries
- Expenses associated with modifying your living arrangements to accommodate mobility limitations from your injuries
- Compensation for your pain and suffering, which may be calculated either as a multiple of your economic damages or on a per-diem basis for the duration of your recuperation period
What Might Reduce an Injured Bicyclist’s Right to Recover Damages?
Under Idaho Code § 6-801, the State follows a modified comparative negligence standard that allows an injured party to collect compensation only if that party was not more than 50% responsible for causing a bicycle accident in Pocatello. Insurers often attempt to show that the bicyclist was more negligent by emphasizing evidence of their failure to follow traffic laws or to use basic safety equipment, such as helmets and visible clothing.
To minimize this pushback from insurance companies, the attorneys at Parke Gordon Law encourage all bike riders to familiarize themselves with and follow all traffic laws that apply to them. You should also wear an appropriate helmet whenever you are riding, and ride defensively when in heavy traffic or areas with limited visibility. In the event of a collision, these actions can protect your right to compensation.
