Chicago continues to expand its protected bike lane for bicyclists as more people use bicycles as a mode of transportation. Despite this, bicycle accidents remain an all-too-common occurrence on Chicago roads, often causing lifelong disability and even death. It’s not getting any safer for bicyclists in Chicago.
As leading Chicago bike accident lawyers, we understand this and we’ve made it our mission to provide effective legal support to bicycle accident victims. A highly experienced bicycle accident lawyer from our firm will fight for you every step of the way to get you the maximum compensation.
Continue reading to find out how you can best protect your rights and secure your ability to file a claim and how much you could potentially win in a settlement.
You Have Limited Time to File a Bicycle Accident Claim
You only have a limited amount of time to file a claim for compensation after your bike accident in Chicago. This is called the statute of limitations. In Illinois, the statute of limitations for personal injury claims is two years. It’s the same for wrongful death lawsuits.
Your claim won’t be accepted if it’s not filed within this time frame. It can often be difficult to figure out how to best calculate the statute of limitations for your claim so it’s not dismissed on a technicality. It’s only when you retain a skilled lawyer who understands the procedural complexities of the law that you best safeguard your rights.
Damages Our Chicago Bicycle Accident Lawyers Can Help You Recover
Our bicycle injury lawyers will utilize every legal option to recover all economic and non-economic damages you’re entitled to. We also help families claim wrongful death damages if their loved one was killed in a bicycle accident. Economic damages you can claim include medical expenses, lost wages, physical therapy, property damage, and ongoing medical bills.
The non-economic damages you may claim include emotional distress, pain and suffering, loss of mobility, and loss of income potential. The bike accident victim’s family can claim burial and funeral expenses, loss of consortium, and companionship in wrongful death lawsuits.
Common Causes of Chicago Bicycle Accidents
Even as the circumstances differ for every bicycle accident case in Chicago, bike accidents often happen due to some very common causes, such as motor vehicle drivers being distracted or under the influence of alcohol. Some of the most common bicycle accident causes include:
- Dooring – Car doors opened by inattentive drivers suddenly and hitting an oncoming bicycle is referred to as “dooring,” and it’s illegal under Illinois state law.
- Failure to Yield – Not giving bicyclists the right of way, particularly at intersections, often causes accidents. Disregarding dedicated bike lanes and running stop signs is equally dangerous.
- Drunk Driving – This is one of the most common reasons why accidents generally happen, as the driver fails to safely operate their motor vehicle.
- Lack of Bike Path – Cyclists who don’t have access to proper bike paths, or have to use ones that aren’t maintained properly, are at a higher risk of being in an accident.
What to Do After a Chicago Bike Accident
Call 911 immediately to get medical treatment as you may have injuries. It’s important to take the appropriate measures after an accident to protect your rights and create a foundation for your case, such as:
- Record Evidence – Capture photo and video evidence from the scene, including any visible personal injuries, as this will help establish fault. Get the driver’s insurance company and contact information as well.
- File a Police Report – Narrate your version of how the accident happened as the police reports serve as a vital piece of evidence. They will likely obtain witness statements as well that may help your bicycle crash lawyer establish a strong case.
- Contact a Lawyer – Get in touch with a bicycle crash attorney as soon as possible to ensure your rights are secured and you can be fairly compensated for your medical expenses, emotional distress, lost wages, and property damage.
It’s equally important to remember what not to do following an accident. Whatever happens, never admit fault for the accident to the motorist or their insurance company. Never negotiate a settlement without your lawyer as insurance companies will try to get you to take a lower amount.
Liability in Bike Accident Personal Injury Cases
There may be other parties liable for your accident aside from the at-fault driver. Therefore, you might be eligible to recover compensation from multiple parties. A lawyer can help figure out who you have a case against so you are fairly compensated.
- Employer’s Liability – An employer may have liability for the accident if it was caused by one of their employees while at work.
- Product Liability – The manufacturer of your bicycle might be liable if it has a defect that remained undisclosed or the manufacturer failed to issue a recall.
- Government Liability – Government departments can be held liable in certain cases, for example, when they fail to properly maintain roads or bike paths.
- Bike Sharing Liability – Bike sharing programs typically have many disclaimers in their user agreement limiting your ability to claim damages if injured on one of their bikes. The service may still be liable if the accident was caused due to a defect in the bike or a lack of proper maintenance.
Do You Have a Bicycle Injury Case?
You must be able to clearly establish the other parties are at fault for the accident. This requires proving you were owed a duty of care by them and that the accident in which you suffered serious injuries was a breach of that duty. Establishing this will make them liable to pay compensation.
Since the burden of proof is on the injured bicyclists, there needs to be irrefutable evidence to back up your claim. This includes accident reports, eyewitness statements, medical records, and any relevant evidence such as medical bills.
Chicago Bike Accident Statistics
The City of Chicago shares interesting data about reported bike accidents. The most recent data from 2021, highlights there were fewer fatal bicycle crashes compared to the previous year. [1] However, the number of accidents was higher, showcasing the continued risk bicyclists face on Chicago roads.
- There were nearly 2,000 bike crashes in the period under review [1]
- Incapacitating bicycle injuries were suffered in 123 crashes [1]
- August 2021 was one of the most dangerous months, seeing 456 crashes involving bicycles [1]
- Bicyclists account for over 2% of people who die from an accident with motor vehicles [2]
- Almost 1,000 bicyclists die from accidents in the US every year [2]
- The financial cost of bicycle accidents is estimated to be more than $23 billion [2]
- More than 130,000 are injured in bicycle accidents [2]
- As a major city, Chicago reports 2.6 bicyclists fatalities per every million residents [3]
Common Bicycle Accident Injuries
The injuries you suffer in a bicycle accident can have a lifelong effect on your mobility and quality of life. It’s also not uncommon for victims to be fatally injured in an accident. Some of the injuries we see most often in bicycle accidents include:
- Traumatic Brain Injuries – These can range from a minor head injury to concussions, or even severe brain injuries that lead to permanent disability. Not wearing a helmet can exacerbate these injuries.
- Fractures – Impact with the vehicle or the ground may result in broken bones in various parts of the body, such as the arms and legs. Joint dislocations are also a common occurrence.
- Spinal Cord Injuries – Victims may suffer paralysis of multiple limbs due to spinal cord injuries received in a bicycle accident.
- Skin Abrasions – Sliding across pavement or the road after impact can result in serious skin abrasions which may never fully heal.
Common Bicycle Accident Victims
Children are particularly vulnerable to bicycle accidents as they may venture out on busy roads unsupervised. People driving irresponsibly in residential areas where children are riding bikes are also a huge risk. Cyclists are generally vulnerable on roads as they may be in a vehicle’s blindspot which could swerve unexpectedly and hit the bicycle.
Bicyclists also face the danger of being hit by the door of a parked vehicle that’s opened straight into their path. Environmental hazards such as potholes, loose gravel or lack of proper maintenance also leave them vulnerable to serious accidents due to inadequate bicycle safety.
Who Can File a Bicycle Accident Personal Injury Lawsuit?
If you suffered injuries in a Chicago bicycle accident, you can file a personal injury case against the at-fault party to be compensated for your pain and suffering. If a negligent motorist hits your child and injures them in an accident, you can contact a bicycle injury attorney and file a lawsuit as their parent.
The family members of victims who passed away due to injuries suffered in a bicycle accident can file a wrongful death lawsuit through a Chicago bike accident attorney to claim compensation for loss of consortium and loss of companionship in addition to the punitive damages that may also be imposed on the defendant.
Filing a Claim With Our Chicago Bicycle Accident Attorneys
We follow a streamlined process to get you properly compensated after your bicycle accident. As your bike crash lawyer, our focus remains on ensuring you win big. Here’s how we achieve this:
- Free Evaluation – We provide a free case evaluation to explain what kind of case you may have based on all applicable local and federal laws. This no obligation consultation with a bike crash attorney breaks down the process for you and gives a sense of how much you may end up winning in damages.
- Independent Investigation – Once all of the required information has been gathered, our bike injury lawyers independently investigate the claim with assistance from leading experts in the field to uncover the chain of events leading to the accident and your injuries.
- Negotiations With Insurance Companies – With solid evidence in hand and armed with our experience of intense negotiations with insurance companies, your bike injury lawyer enters the negotiations from a position of strength with a singular goal of getting you maximum compensation.
- Taking Case to Trial – If the settlement negotiations fall through and a trial is required, our expert trial bicycle accident lawyers will handle everything for you and utilize their skills to get you a jury verdict that delivers you the fair compensation you deserve.
The Time It Takes to Settle a Bicycle Accident Claim
There’s no countdown to a settlement the moment your accident happens. The time it takes to get you full compensation depends on various factors, perhaps most importantly, how much the insurance company is willing to negotiate. If it doesn’t dispute the claim, you may end up receiving a payout within a couple of months.
Even if prolonged negotiations are required, a settlement will usually be achieved in about six months. It can take a couple of years if a trial becomes necessary. Once the process begins, your bike accident injury lawyer will be able to better advise on the time it will take to receive a settlement.
The Cost of Hiring a Bicycle Accident Attorney
At Rosenfeld Injury Lawyers, we believe affordability should never be a barrier to getting a top-notch Chicago bike accident lawyer. We’re passionate about fighting for people who’ve suffered due to someone else’s negligence.
Our personal injury law firm works on a contingency fee basis. This means you won’t have to pay anything for our bicycle injury attorneys to take your case and see it through to a conclusion.
As your Chicago bicycle accident lawyers, we handle everything from the investigation to the negotiations and even a trial without charging you anything upfront. The contingency fee means we only get paid once you get paid.
Our fee is a percentage of the settlement offer you accept. This keeps us highly motivated to do our best and get you maximum financial compensation.
Contact an Experienced Chicago Bicycle Accident Lawyer Today!
If you or a loved one has been involved in a bicycle accident in Chicago, you may be eligible to receive a big settlement for the pain and suffering you’ve endured. Rosenfeld Injury Lawyers will fight for you every step of the way without needing you to pay anything upfront. We are highly regarded as some of the best personal injury lawyers in the city, and we’ll put our experience to use for you and ultimately get you the highest compensation for your claim. Let us handle everything so you can focus more on getting your life back on track.
Call us at (888) 424-5757 to schedule a free consultation with a bicycle accident lawyer.
Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.
Rosenfeld Injury Lawyers
225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757
We also serve clients from Buffalo Grove, Elgin, Schaumburg, Springfield and throughout Illinois.
Resources: [1] City of Chicago, [2] CDC, [3] Axios