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When Is There Compensation For Pain And Suffering In A Bicycle Accident?

When Is There Compensation For Pain And Suffering In A Bicycle Accident?

A bicycle accident can cause serious injuries – but sometimes you can get away with a scratch. You can find out here when there is a claim for compensation for pain and suffering after a bicycle accident and which factors play a role in the assessment.

the essentials in brief

  • There is a right to compensation for non-pecuniary damages that go beyond minor injuries.
  • The amount of compensation depends on the severity of the injuries and the consequences that arise from them.
  • If the cyclist is partly to blame, this will be taken into account in the calculation.

Is there always a right to compensation for pain and suffering in a bicycle accident?

Whether you are entitled to compensation in the event of a bicycle accident depends on several factors. First of all, the accident must have resulted in immaterial damage , such as fractures, concussions or the like. This does not include minor injuries such as scratches or bruises. In addition, the injuries must have been caused intentionally or negligently by the person who caused the accident. If these requirements are met, there can be a claim for damages according to § 253 BGB .

How high can the compensation for pain and suffering be in the case of a bicycle accident?

The amount of the compensation for pain and suffering is a case- by-case decision . The Frankfurt Labor Court decided that a cyclist who suffered a shoulder injury and suffered a fall caused by a horn honking was to be paid 200 euros in compensation for pain and suffering (AG Frankfurt 2007, Az. 32 C 3625/06-48 ). Another bicycle accident resulted in an accident-related leg shortening and hospitalization for about four weeks. The hit cyclist is likely to suffer permanent postural damage. The victim received compensation for pain and suffering of 25,000 euros .

These factors are taken into account by courts when assessing the amount of compensation for pain and suffering:

  • Extent of the physical and psychological consequences
  • Number and extent of the necessary operations
  • Duration of treatment and number and length of hospital stays
  • resulting consequences for private and professional life
  • residual chronic physical damage and disfigurement
  • demonstrable intentional delay in the settlement of claims by the insurance company of the other party involved in the accident

Since there is no obligation to wear a helmet in Germany , those who caused an accident cannot generally insist that a missing helmet reduces the amount of the compensation for pain and suffering (OLG Schleswig 2013, Az. 7 U 11/12 ). However, there are judgments according to which the amount of compensation for pain and suffering was lower due to a missing helmet.

When is the cyclist liable?

The individual case decides whether the cyclist is partly to blame or whether the other party responsible for the accident must assume sole responsibility. If a cyclist is drunk, drives unsafely and is then hit, he can be held partly to blame. Then the joint liability share and the claim for compensation for pain and suffering are weighed against each other as a percentage . The insurance companies of both parties can file a claim for compensation for pain and suffering if the other party involved in the accident also suffered injuries.

How do I claim compensation after a bicycle accident?

It is always advisable to seek legal advice after a bicycle accident. In fact, an out-of- court settlement with the insurance company of the other party involved in the accident is also possible. However, this endeavors to keep the compensation for pain and suffering after a bicycle accident as low as possible . In order to receive appropriate compensation for pain and suffering, it can therefore be important to seek advice from a traffic lawyer . If you have been involved in a bicycle accident and want to know how to proceed, please make an appointment with a partner lawyer or legal expert for an initial consultation 

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