When to Accept a Bicycle Accident Settlement and When to Take It to Trial

After a bicycle accident, deciding whether to accept a settlement offer or proceed to trial is a critical choice that can significantly impact the compensation you receive. While most bicycle accident cases are resolved through settlements, there are situations where pursuing litigation is the better option. This article breaks down the factors to consider when weighing a settlement versus going to trial, how insurance companies approach these cases, and how to determine the best course of action based on your unique circumstances.

How Bicycle Accident Settlements Work

A settlement is an agreement between you (the injured party) and the at-fault party’s insurance company to resolve your claim out of court. In exchange for a lump-sum payment, you agree to release the at-fault party from further liability. Settlements offer several advantages, including quicker resolutions, reduced legal costs, and the certainty of receiving compensation.

According to the Insurance Information Institute (III), more than 95% of personal injury cases, including bicycle accidents, are resolved through settlements rather than going to trial【III, 2023】.

Benefits of Settling Your Bicycle Accident Claim

Settlements have distinct advantages that often make them an attractive option:

• Faster Resolution: Trials can take months or even years, while settlements typically provide compensation more quickly.
• Lower Legal Costs: Trials involve court fees, expert witnesses, and additional legal expenses. Settling early reduces these costs.
• Certainty of Compensation: Trials are inherently risky—you might win big, but you could also lose. A settlement guarantees you’ll receive compensation, even if it’s less than what you might obtain in a successful trial.
• Less Stress and Time Commitment: Trials can be emotionally draining and time-consuming. Settling allows you to move on without enduring lengthy litigation.

Downsides of Settling Your Claim

While settlements can be beneficial, there are potential downsides to accepting an offer too quickly:

• Potentially Lower Compensation: Insurance companies often make low initial offers, hoping you’ll accept before understanding the full extent of your injuries and future needs.
• Finality of the Agreement: Once you accept a settlement, you typically cannot pursue additional compensation, even if your condition worsens or new expenses arise.
• Pressure to Settle: Insurance adjusters may pressure you into settling quickly, especially if they believe your claim could be more costly if taken to court.

When to Consider Taking Your Bicycle Accident Case to Trial

Taking a case to trial can lead to higher compensation, but it’s a decision that comes with risks. Here are some scenarios where pursuing litigation may be the better choice:

1. Low Settlement Offers That Don’t Cover Your Needs

If the insurance company’s settlement offer is insufficient to cover your medical expenses, lost wages, and other damages, going to trial might be necessary to seek fair compensation. For example, in cases involving severe injuries, long-term rehabilitation, or permanent disability, a lowball offer is unlikely to address all your current and future needs.

According to a report by the American Association for Justice (AAJ), plaintiffs who take their cases to trial often receive 2-3 times more in compensation compared to initial settlement offers【AAJ, 2023】.

2. Disputed Liability

If the at-fault party’s insurance company disputes who is responsible for the accident, it may be difficult to reach a fair settlement. In such cases, taking the case to trial allows you to present evidence and have a judge or jury determine liability. This is particularly important in cases involving complex factors, such as road design issues, multiple defendants, or comparative negligence.

3. The Potential for Punitive Damages

In cases where the driver’s behavior was particularly reckless or malicious—such as in drunk driving incidents—pursuing a trial could result in punitive damages in addition to compensatory damages. Punitive damages are designed to punish the wrongdoer and deter similar behavior in the future.

4. The Need for Public Accountability

For some cyclists, going to trial isn’t just about compensation—it’s about holding the at-fault party publicly accountable. Trials are a matter of public record, and a verdict against a negligent driver or company can raise awareness and lead to changes that improve road safety for others.

How to Decide: Settlement or Trial?

Deciding whether to settle or go to trial is a strategic decision that depends on several factors:

• Strength of Your Evidence: Strong evidence, such as traffic camera footage, medical records, and expert testimony, increases your chances of winning at trial and securing a higher payout.
• The Severity of Your Injuries: Cases involving severe, long-term, or permanent injuries often justify higher compensation, which may be achievable only through trial.
• Your Willingness to Wait: Trials take time, and there’s no guarantee of a favorable outcome. If you need compensation quickly, settling may be the better option.
• Legal Costs and Risks: Trials involve higher costs, and losing at trial could leave you with little to no compensation. An experienced attorney can help you weigh these risks against the potential benefits.

According to The National Law Review (2023), cases that are well-prepared and have compelling evidence are more likely to result in favorable outcomes at trial【National Law Review, 2023】.

Working with Your Attorney to Make the Best Decision

Your attorney plays a crucial role in guiding you through this decision-making process. A skilled bicycle accident lawyer will:

• Evaluate the Strength of Your Case: Your attorney will assess the evidence, liability issues, and potential damages to determine whether settling or going to trial is in your best interest.
• Negotiate with Insurance Companies: If a fair settlement offer is possible, your attorney will negotiate aggressively on your behalf, presenting a strong case to secure the best outcome.
• Prepare for Trial if Necessary: If going to trial is the best option, your attorney will gather expert witnesses, prepare evidence, and build a compelling case to maximize your chances of success.

Conclusion

Deciding whether to accept a settlement or take a bicycle accident case to trial is a significant decision that requires careful consideration of your circumstances. While settlements offer speed and certainty, trials may be necessary to secure full and fair compensation, particularly in cases involving severe injuries or disputed liability. By understanding the pros and cons of each option and working closely with an experienced bicycle accident attorney, you can make the best choice for your recovery and financial future.