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Chicago Bicycle Accident Lawyer
Serving Cook and DuPage Counties

Biking is Healthy but Dangerous

While there’s proven health benefits to riding a bike, there’s also an increased risk of getting into an accident while on the road. In 2014 there were over 3,000 bicycle accidents in Illinois. While this number is substantially lower than auto related accidents, the injuries sustained from a bicycle accident can be significantly more devastating.

Types of Bicycle Accidents

  • Door Opening Accidents
  • Rear-End Crash
  • Stoplight Accidents
  • Left-Turn Accidents
  • Sideswipe
  • Collision

Causes

  • Negligent Drivers
  • Road Rage
  • Drunk Driving
  • Distracted Drivers
  • Defective Parts

Determining Liability for Bicycle Accidents

Similar to other road accidents, determining liability for a bicycle accident typically relies on finding out who was negligent in the accident. Legal negligence is defined as a lack of due care that caused the accident. When a person or a company is found to be negligent, they may be held responsible for paying compensation to the injured party. A driver, cyclist, pedestrian is negligent when he/she:

  • Owes a duty of care to someone else
  • Breaches this duty of care
  • The breach of duty causes injury and property damage to another person

Recovery Damages from Bicycle Accident

There are many different types of damages that can happen in a bicycle accident, ranging from property damage to personal injury, which can include medical bills, loss of earning capacity, pain and suffering, and mental anguish, as well as, punitive damages.

  • Bicycle Accident Repairs (or fair market value if deemed a Total Loss)
  • Medical Bills
  • Loss of Earning Capacity (past and future)
  • Pain and Suffering (physical and emotional stress as a result of injury)
  • Mental Anguish (psychological trauma inflicted upon victim)
  • Loss of Consortium (deprivation of the benefits of a family relationship (including affection and sexual relations) due to injuries
  • Punitive Damages
  • Wrongful Death

Time Limits for Filing Bicycle Accident Lawsuit

  • Personal injury: Two Years from the date of the Bicycle accident
  • Property damage: Five years from the date of the Bicycle accident
  • Lawsuits that might have different time lengths per their statutes of limitations include the following:
    • Cases involving medical malpractice
    • Case involving breach of contract
    • Cases involving warranties
    • Cases involving products liability

Illinois Comparative Fault Laws and Personal Injury Claims

If you’ve been injured in a bicycle accident due to someone else’s negligence or fault, you have the right to seek financial compensation via a personal injury claim against the person and/or their insurance company. Should you fail to resolve the personal injury claim with the at-fault party, you may need to file a lawsuit to get the compensation you seek in a court of law. In order to achieve a successful outcome in any personal injury case, you need to prove that the other party was at fault for your injuries.

Whether the case gets settled through the insurance claims process, a private settlement, or in court, the assignment of liability depends on who was more at fault. In Illinois, a comparative fault state, anyone who is less than 50% responsible for an accident can recover for their injuries and property damage.

  • Comparative Fault determines how the blame will be divided for any personal injuries or property damage for a given accident. And, how the victim’s compensation will be impacted if he or she were judged to have contributed to the accident in some way.
  • Modified Comparative Negligence is a theory of comparative fault that holds that Plaintiff (injured) can obtain damages from a Defendant provided that the Plaintiff’s degree of fault is not more than 50%. If a Plaintiff is determined to have been 50% at fault (or more) for the incident, then he or she would not be able to obtain compensation for personal injuries from the Defendant.

Furthermore, Illinois’ modified comparative negligence laws will also reduce an injured Plaintiff’s compensation in proportion to his or her degree of fault.

Contact an Illinois Bicycle Accident Attorney Today

If you or a loved one has been injured in a bicycle accident due to the negligence of another person, our experienced attorneys can help you receive compensation for the damages you have suffered. There is no fee unless we obtain compensation for you.

Get a free case review by calling 855-980-0078 ‌or‌ ‌complete‌ ‌the‌‌ ‌case‌ ‌request‌ ‌form‌.‌  

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