Appealing a Bicycle Accident Case: When and How

If your bicycle accident case didn't go as hoped, an appeal may be an option—but appeals are limited and rarely successful. Understanding the process helps set realistic expectations.

What Can Be Appealed

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Legal Errors

• Wrong jury instructions

• Improper evidence admitted or excluded

• Incorrect legal standards applied

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Not Appealable

• Jury's factual findings

• Credibility determinations

• "I don't like the verdict"

The Appeal Process

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Notice of Appeal Must be filed within strict deadline (usually 30-60 days).

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The Record Appellate court reviews only what happened at trial.

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Briefs Written arguments from both sides.

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Oral Argument Sometimes permitted, but not always.

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Decision Affirm, reverse, or remand for new trial.

Success Rates

Appeals rarely succeed because:

• Standard of review favors trial court

• Errors must be "prejudicial"

• Harmless errors don't warrant reversal

When to Appeal

Appeal may make sense when:

• Clear legal error occurred

• Error affected outcome

• Stakes justify cost

• Good precedent issues

Costs

Appeals are expensive:

• Attorney fees ($20,000+)

• Transcript costs

• Time (1-2 years)

• No guarantee of better outcome