Chicago Bicycle Accident Lawyer

• Yield to bicyclists approaching an intersection
• Use caution when opening a car door or loading passengers
• Use 'due care' when driving around bicyclists

The The Illinois average for bike accident recoveries is approximately $300,000. State median recoveries for bike accidents range between $25,000 and $40,000. 75% of cases recovered under $100,000 and 10% of cases recovered more than $1,000,000 according to the Jury Verdict Reporter.

Factors, which may contribute to the value of a bicycle injury case, include economic and non-economic damages including:

• The severity of injuries sustained by the bicyclist
• Medical bills for past and future care
• Wages lost because of the incident
• Amount of insurance coverage
• The automobile insurance company for the responsible driver or party
• Opinions as to permanency of the injuries offered by a treating physician including future medical attention
• How an incident occurred and the severity of the impact
• The jurisdiction where the crash occurred
  

The law offices of Rosenfeld Injury Lawyers LLC have represented many injured cyclists in Illinois.

The statute of limitations for bodily injury claims involving bicycle crashes in Illinois is two years from the date of the accident. See 735 ILCS 5/13- 202 & 205.

This law limits the time you must file a lawsuit (take legal action) against the negligent party or accept a final settlement within two years, or you may lose your right to recover.

While this is the general rule, there are exceptions to this. Consequently, you should consult with a Chicago bike accident lawyer to determine how the law applies to your situation.

You can bring a lawsuit for yourself and on your child's behalf for the injuries, expenses, and physical and mental suffering caused by the accident. If your minor child was injured in an Illinois accident, you might be able to recover damages on their behalf.

You can bring a lawsuit against the at-fault party for negligence as your child's parent and "next friend." As the plaintiff, you need to prove that:

1. The defendant had a duty not to injure your child;
2. He or she breached that duty; and (3) your child was injured and suffered damages as a consequence of the defendant's breach.
   

If your child dies from injuries sustained in a bike accident, you would have to sue the responsible party for wrongful death.

In a wrongful death lawsuit, you must prove that your child was fatally injured because of the defendant's misconduct, intentional or otherwise, and you suffered damages because of the death.

Typically, if a child acted negligently in an accident that injured him, the legal doctrine of comparative negligence will reduce the amount he can recover from another party or even bar his recovery completely.

In Illinois, if a minor child between the ages of seven and fourteen is involved in an accident, there is a rebuttable presumption that the child is not capable of contributory negligence. This law presumes that the child cannot be responsible for the accident, but the opposing party can overcome that presumption by showing sufficient evidence.

The jury must consider the child's age, capacity, intelligence, and experience in determining his or her fault (Savage v. Martin, 256 Ill. App. 3d 272 (Ill. App. Ct. 1993)).

Depending on the circumstances, the driver and the driver's employer might both be responsible for your personal injuries and damages under the theory of respondeat superior.

In most Cook County bicycle accidents involving an on-the-job driver, the employee that the driver was working for at the time will be vicariously liable for any damages arising from the accident.

This legal theory is based on respondeat superior, which is a common-law legal doctrine that holds that employers are responsible for their employees' actions when made within the scope of their employment. See Bagent v. Blessing Care Corp, 224 Ill.2d 154 (Ill. 2007), quoting Restatement (Second) of Agency)

You can pursue damages in a personal injury case against the employer of the driver responsible for your injuries.

The benefit of getting an employer or company involved in a bicycle accident case is that they likely have substantial assets and coverage to satisfy a settlement or judgment against them.

These are some common examples of employee conduct sufficient to trigger vicarious liability:

• A driver was traveling from one job site to another
• A driver was making a delivery to a client on behalf of an employer
• A driver was going to pick up supplies for an employer
  

These are examples of conduct not considered within the scope of employment:

• A driver was commuting to his job but had not started working yet
• A driver was running a personal errand
• The employer's car was being driven by someone who stole it

Yes. Illinois law allows multiple parties to be held responsible for bicycle accidents in certain situations.

Many Illinois bike collisions involve contact with more than one vehicle. In many cases, a bicyclist will be struck by a vehicle as he or she is attempting to avoid a collision with a different vehicle.

First,you need to sue everyone who may have caused the accident that injured you. Then you need to show in court that their actions contributed to causing your injuries.
After that, you can seek damages from each defendant. Illinois lets you do this because it follows the theory of joint and several liability.

This theory claims that any member of a defendant class can be held responsible for the plaintiff's entire damages even if its role in the accident was minor. This theory gives an inherent advantage to claimants because it allows them to recover from defendants with the most significant ability to pay.

For instance, a trucking company or other commercial defendant could be held accountable regardless of the defendant's percentage of fault for the accident.

If a defendant believes that it paid more than its fair share to the plaintiff, then it can seek reimbursement from the other defendant(s), but only after fulfilling its obligation to the plaintiff.

No. Following an accident in which you were injured, you are not legally obligated to give an insurance company representative, or any other person, any statement about the incident, except for law enforcement.

By law, you are not required to give insurance carriers any verbal or written information or documents they might request of you before you have legal representation.

Before discussing any details of your bicycle accident with the at-fault driver's auto insurance carrier, you should speak with an experienced injury attorney.

In the immediate aftermath of an accident, insurance companies for the responsible party often try to obtain as much information as possible from the injured person to negotiate a low claim settlement.

They are not looking out for your best interests, and often later use what you tell them against you.

Yes, a hit and run bicycle accident would be covered under the cyclists own car insurance policy.

In Chicago, 25% of bike accidents involve a driver who flees the scene. Our personal injury law firm can provide legal help for victims of hit-and-run accidents or for those hit by a driver without insurance or minimal coverage.

Yes, an experienced bicycle accident attorney in Chicago, IL, can assist you with all issues involved with your case. However, the decision to hire an attorney to represent you in a bicycle accident case is a personal decision.

A qualified personal injury firm will be able to offer substantial resources, experience, skill, and care to your bicycle accident case.

Attorneys obtain police reports and help you through the insurance claim process and give you a good idea as to the value of your case. Our Chicago personal injury lawyers negotiate with insurance companies to provide the best outcome for you. .