Bicycle injury claims that do not result in a settlement from the insurance company should be pursued by filing of a lawsuit. This can get very complicated, which is why it is important to seek experienced bicycle injury lawyers to help you at every step of the way.
You should never agree or sign the first settlement offer by the insurance company. The first offer is only the beginning of negotiations, and the final payment will likely be much higher if represented by experienced bicycle accident lawyer.
In order to maximize your chances of receiving a significantly higher compensation for your injuries, document and recover all evidence you can get. Remember and follow the steps mentioned above, document all of your injuries, and fully detail any expenses and losses you suffered as a result of the accident.
This includes all medical costs, transportation costs you incurred getting treatment for your injuries, lost wages from missing work, and any other expenses as a result of the accident. We will use the amount of expenses and costs to arrive at a figure to help you recover losses caused from the accident.
Bicycle Accidents Are Common in Chicago
Bicyclists are faced with unique challenges on Chicago's busy roadways. Motorists in passenger cars, commercial trucks, and buses have a hard time seeing cyclists when they are on the same road.
Vehicle drivers are safe behind their seat belts, air bags, and thousand of pounds of metal, motorcyclists only have a helmet to protect them in the event of an accident. After being injured in a bicycle accident
This is why bicycle-related injuries result in more than 500,000 emergency room visits each year and hundreds of fatalities.
Who is Liable for a Bicycle Accident in Illinois?
After being seriously injured in a bicycle accident, you want to know who is responsible or liable for your injuries.
In some cases, drivers in Illinois are ticketed for minor infractions after a bicycle accident. In more serious motorcycle accidents, drivers can be charged with a misdemeanor or a felony offense for reckless driving, failure to reduce speed to avoid an accident, hit and run, or driving under the influence of alcohol or drugs.
Even though it serves justice if motorists who injure cyclists are charged criminally, it will not help to pay your medical bills and lost wages after an accident.
This is where filing a lawsuit in court will come into play. If you were injured in a bicycle accident as a result of someone else's negligence, Illinois law allows you to sue the driver in court to recover damages for your injuries. This lawsuit is a legal term referred to as a "personal injury" lawsuit.
Personal injury lawsuits include a legal claim for negligence. Negligence is defined as the failure by someone to act with the level of care that a reasonable person would have exercised under the same or similar circumstances.
If you establish that a driver's negligence was the proximate cause of your injuries and other losses, such as lost wages, you can win a lawsuit and secure a court order that require the driver to pay you money compensation for financial and personal harms you suffered,
If the the driver who injured you in a bicycle accident was issued a citation or charged criminally in connection with the accident, this can be used as evidence of negligence.
Under the legal theory called "negligence per se" you do not need to use the "reasonableness" standard if the other driver was cited for a criminal offense.