What Damages Can I Recover in a Bike Accident?
Each year, more than 40,000 cyclists are injured on our nation’s roads. Lacking the protection of an enclosed vehicle, cyclists often experience serious injuries. Bike injuries can impair a person’s ability to perform daily tasks. Medical expenses include the cost of treatment, prescriptions, and modifications to make their home accessible, given their physical condition. While this can certainly place a dent in a person’s bank account, someone with severe injuries may be unable to work, leaving them unable to pay their medical bills.
At Kinon Law Firm, our team of legal professionals believes that cyclists should be compensated for their physical, emotional, and financial damages. Following any accident, your focus should be on getting better, not dealing with legal strategy. That is where our legal team comes in. If you or a loved one has fallen victim to a bike crash, our Conway bike accident lawyers are available to discuss your matter.
Medical Expenses
A cyclist who is struck by a motor vehicle often needs emergency care. These costs can add up quickly, including expenses related to ambulatory services, an evaluation by an ER doctor, and surgeries or treatments. Prescription costs must also be accounted for, as well as rehabilitative therapies. If the person sustains long-term disability, he or she may need doorways to be widened in their home to accommodate a wheelchair or a stairlift to access an upper level. In the case of permanent disability, ongoing treatment costs must also be factored in.
Lost Wages
We rely on our income to pay our living expenses, utilities, food, clothing, and other personal necessities. A cyclist who experiences severe injuries may be unable to afford to provide for themselves and their family. Documenting lost wages, including the hours or days you have missed from work, is crucial in recovering the compensation that is due to you. Our Conway bike accident attorneys can help you gather documentation to show lost wages, which typically includes pay stubs, W2s, and tax returns.
Loss of Future Earnings
An individual who sustains permanent or long-term disability may be unable to return to work or be forced to take a lesser-paying job. In either event, the individual may be entitled to loss of future earnings. Loss of future earnings is calculated based on a variety of factors, including:
- Earnings prior to their accident;
- What a plaintiff will earn in their new job capacity;
- Ability to earn wages had he or she continued working (if the plaintiff has a lesser-paying job, this will be based on earnings in his or her previous position);
- Specialized skills and/or training; and
- Work life trajectory.
Lost wages are not just confined to income; they will also include lost benefits. So, promotions, raises, retirement benefits, bonuses, and other lost benefits should be quantified as part of the total damages.
Bike Repairs or Replacement
Even a minor crash can result in thousands of dollars in bike repair costs. If your bike frame or wheel rim is bent, it requires specialized equipment to bend the metal back into shape without breaking it. There is no getting around these costs if you want to get your bicycle back in riding condition. If your bike cannot be repaired, then you will be entitled to compensation to purchase a new bicycle.
Punitive Damages
In a bike accident claim, compensatory damages may include lost wages, medical expenses, bike repairs or replacement, pain and suffering, and permanent disability. Thankfully, South Carolina imposes no cap on compensatory damages. However, there is a limit on punitive damages. In 2026, the state’s punitive damage cap is set at $739,245 per claimant. Punitive damages may be awarded if the at-fault driver displayed willful, wanton, or reckless conduct that caused you harm.
However, the burden of proof is higher for punitive damages. Under SC Code §15-32-520(D), you must show through clear and convincing evidence that the defendant consciously disregarded your safety or acted maliciously. If you are seeking punitive damages in court, then your trial will be bifurcated into two stages, proving liability and assessing damages. If you are wondering if you qualify for punitive damages, you should speak with our team of legal professionals.
Struck by a Vehicle? Contact Our Conway Bike Accident Attorneys
If you have been struck by a vehicle while riding, you deserve compensation for lost wages, medical bills, and other accident-incurred costs. At Kinon Law Firm, our legal team is dedicated to helping injury victims recover financial, non-financial, and punitive damages. To schedule a free case assessment with one of our Conway bike accident lawyers, we can be reached online or by calling (843) 488-9191.
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