Can I Sue If I Was Hit by a Car While Riding My Bike?
Cyclists are incredibly vulnerable when sharing the road with cars and often don't receive the same respect as drivers. In many cases, drivers simply don't see cyclists until it's too late. And even if they do see them, they may not be aware of how to share the road safely.
Were you hit by a car while riding your bike? If so, you need an experienced personal injury attorney at Rosenfeld Injury Lawyers, LLC, on your side. We can help you get the money you deserve for your injuries and property damage.
Contact our Chicago bicycle accident lawyers today toll-free at (888) 424-5757 or fill out our contact information form online to set up a free consultation to learn more about your legal options.
Bicycling is a great way to get exercise, save money on gas and reduce your carbon footprint, but it can also be dangerous. According to the National Highway Traffic Safety Administration (NHTSA), 726 bicyclists were killed in traffic crashes in 2019, and 49,000 suffered injuries.
If you're one of the unlucky ones who has been hit by a car while riding your bike, you may be wondering who you can sue for damages.
You minded your own business, riding your bike to work when you were hit by a car. Now you're injured and don't know what to do.
Being hit by a car while riding your bike is a frightening experience, and the aftermath can be just as daunting. You may be wondering who you can sue for your injuries, how long the process will take, and what kind of compensation you could receive.
If you got into a bicycle accident, you might be wondering if there is someone at fault and who can be held accountable. There are undoubtedly different fault levels in an accident, meaning it's not necessarily black and white whether someone can be held responsible.
The first thing to consider is if you violated any laws when the accident occurred.
If you feel that you were not violating any law, then it is time to consider whether the other party violated any laws. If they were, you could seek compensation from them for your medical bills and any other expenses you incurred due to the accident.
If you violated the law when the accident occurred, such as running a stop sign, suing the other driver becomes more difficult.
You must seek medical attention immediately when injured in a motor vehicle accident. The involved parties in an accident are not always clear.
Medical Bills in a Bike Accident
Medical bills in a bike accident can be overwhelming, and you want to know who is responsible for the medical costs that arose in your accident.
Medical costs in a bike accident can be costly, and who is accountable can vary depending on your state's laws. For example, in some states, a person may sue the driver that hit them while on a bike.
Lost Wages in a Bike Accident
Lost wages in a bike accident can be challenging to figure out. You don't get paid when you're not working, but your bicycle accident attorney may be able to recover lost wages in a bike accident case.
So, if you follow the right steps and find the right attorney, you can recover your wage loss in a bike accident case.
Personal Injury Protection in a Bike Accident
Personal injury protection in a bike accident is an often disputed legal issue. In some states, there are particular rules about when a cyclist can sue for injuries in a bike accident, and in which cases the cyclist does not have a case.
For a free case review with a top Chicago bicycle accident lawyer, call us 24/7 at (888) 424-5757. Our personal injury law firm is dedicated to bike accident cases, and we fight hard for our clients' rights throughout Illinois.
Personal Injury Lawsuit in a Bike Accident
The laws surrounding bicycle accidents are different than other motor vehicle accidents.
For example, if you were riding your horse and horse and buggy collided, the horse and buggy driver would be liable for your injuries. However, if you were riding a bicycle and a car collided with you, it is not completely clear who would be liable for your injuries.
If other people are injured, you might have the right to sue the driver of the car, the driver's insurance company, and even the owners of the property where you were hit.
Establishing Negligence in a Bike Accident
A cyclist cannot be sued for negligently operating a bicycle since a bike is not considered a vehicle under the law. However, if someone riding a bicycle fails to obey the rules of the road or sound traffic laws, the others involved could sue for negligence.
If a car and a bicycle collide, both drivers' responsibility is to exercise care in maintaining their positions on the road. It is considered negligence if a car fails to yield the right to a bicycle.
For a crash victim to prevail in court, they must prove that the bicycle is defective. A defect can include a missing reflector, broken light or sounds, faulty brakes, and poor tire tread.
Bylaws on Bicycle Riding
Bicycles are allowed on all roads except limited access on highways unless prohibited by local ordinances. They must ride as far to the right side of the road as practicable except when turning left, avoiding hazards, or riding in a lane too narrow for a bicycle and another vehicle to travel safely side by side.
Bicycles and cars sharing the road can be dangerous if there is no proper communication between the bicyclist and the driver.
For example, if the bike travels faster than the car, both must slow down and wait until it is safe to go again before continuing. Likewise, if the car travels faster than the bicycle, it must wait for bicyclists to cross.
Needed Medical Documents in a Bike Accident
Medical records in an injury claim need to show that the injury is real. Proving an injury could include sharing doctor's records, medical bills, and even an MRI or X-ray.
In the case of a brain injury that causes memory loss, witnesses who saw the accident can be brought forward to testify that they witnessed the accident. Our personal injury lawyers can offer you a free case review to determine whether you have a case.
A Police Report in a Bike Accident
An accurate police report filed on a bicycle accident case should reveal how the law enforcement officer or investigator believes what happened. However, that doesn't mean you can't file a personal injury claim and win money for your injuries based solely on what the report indicates.
The report could validate your injuries claim and help your law firm determine who is responsible for the incident or not. If the report indicates that you are at fault, your lawyer could hire investigators who might prove otherwise, putting you in a better position to file and win your case.
If you were injured in a bicycle accident, it is essential to consult with an experienced personal injury attorney. Your lawyer can tell you if you have a case and what steps to take.
Seeking Medical Treatment Following a Car Crash
If you were hit by a car while riding your bike, the first thing you should do is seek medical treatment.
You can make a police report after you are released from the emergency room or hospital. You may think that you do not have time to go to the hospital, but your health issues must still be addressed even if your injuries seem minor.
Next, you want to ensure that doctors accurately diagnose your condition and injuries and report your health insurance company's findings and test results.
Filing a claim will help you with your claim if you can prove that your injuries were more severe than they felt at the time. You must provide medical records to the court or claims adjustor, which show the extent of your injuries.
Our law firm offers legal representation to people injured due to the negligence of others. Contact us for a free case review.
Cyclist Losses From a Hit by a Car Accident
Your out-of-pocket expenses after a hit by a car crash might include:
- Medical bills
- Lost wages from time missed at work
- Damage to your bike
- Damage to any protective gear you were wearing
- Damage to your clothing
Did you suffer severe injuries in a car crash? You may be entitled to recover compensation for your serious injuries, property damage, and medical expenses.
Bicyclist's Road Safety
In the US, around 700 bicyclists die from accidents every year. One of the main causes of those deaths is a lack of bicycle safety.
For bicyclists to be on the road safely, they need to follow traffic laws. It is illegal for bicyclists to take up a car-sized lane, run red lights, or stop signs in most states.
Bicyclists need to use bike lanes when they are available, but it is also crucial for them to stay out of the way of cars when there are no bike lanes.
The law states that bicyclists should ride in the direction of traffic. In addition, bicyclists need to use hand signals before turning, giving drivers a heads up that the cyclist is about to turn.
With these safety tips, a bicyclist can have a much safer journey on the road.
A bicycle rider on a bike lane should be visible. But if you are not, and if the driver does not see you, what happens next can be deadly.
Our top-notch personal injury lawyers meticulously gather evidence to recover a fair settlement for your injuries. Our law firm is ready to offer you a free case evaluation.
An Insurance Company Dealing With Bike Accidents
Perhaps the most common question asked by people who are injured in bike accidents is, tautologically, "Who can I sue?" But, unfortunately, like most questions involving personal injury law, the answer is not as simple as "the other driver."
The following lists the various entities liable for a bicycle accident in a personal injury lawsuit. Some of the listed entities may not apply to your particular circumstances.
Still, it is essential to understand that more than one person or entity may be liable for your injuries.
Parties Involved in a Bike Accident
A bicycle accident can involve several people and entities. Which of those people or entities is legally liable for your injuries will depend on several factors, including the cause of the accident and the state in which the collision occurred.
You may, for example, be struck from behind by a careless driver while riding your bicycle on a sidewalk in Illinois. If you were seriously injured, you might be able to bring a claim against the driver based on their negligence.
An Insurance Claim in a Bike Accident
An insurance claim against the driver's insurer in a hit by a car crash for your severe injuries sustained in a bicycle accident is not difficult to put together. However, it can be more complicated if you were injured while riding your bike through the intersection.
An insurance adjuster in an insurance claim may be able to help provide information about who can be sued if you were struck by a car while riding your bike. An insurance company typically asks to refer to "permissive users," or people allowed to be in certain areas even though the property is privately owned.
If you were injured by a car while riding your bicycle, you might be able to make an injury claim with the driver's insurance company. However, even if the accident was not your fault, you may have trouble getting compensation without a personal injury law firm.
A Claims Adjustor
In most personal injury cases, an insurance adjuster owes a duty to Plaintiff and Defendant.
The adjuster typically works for the defendant's Insurance company and therefore owes a duty to Defendant. However, in a personal injury case, an adjuster is also working for the Plaintiff and owes a duty to both parties!
Car insurance in bike accidents usually comes into play when hit by a car as the driver or passenger. If you were not insured, you are not entitled to recover damages. To determine what insurance company gave the driver/passenger the car insurance. In some states, the insurance follows the driver.
If you were hit by a car, our personal injury law firm has the resources and experience to help you receive compensation for your injuries. Contact us for a free case review.
Bad Faith Insurance Practices
Bad faith insurance practices are not uncommon in the US, especially when dealing with high-dollar claims.
Being involved in an accident can be stressful enough without worrying about what your insurance company will do—knowing what to expect in the event of an accident and who to contact can make a big difference when settling your claim.
Settlement Amounts Related to Road Accidents
Insurance companies have paid out billions in damages related to accidents involving cyclists in the last decade, with most of the claims being made against motorists.
In Illinois, the maximum compensation you can win is $5,000 if you drive an SUV or a light truck, such as a pickup. But if the at-fault driver is driving a car, you can win $25,000 maximum.
To obtain a fair settlement for your serious injuries due to a hit by a car crash, you will need to understand your legal rights and options. Our law firm can offer you a free consultation to facilitate a personal injury case lawsuit.
Bicycle Accident Lawyer
What should I do if I have been involved in a bicycle accident?
- The first thing to remember is to remain calm.
- The second thing to do is to remain where you are.
- The third step in bicycle accident law in Illinois is to contact the police. It's important to note that whether or not anyone is injured if you are involved in a bicycling accident with another vehicle, it's required by law to stop and provide information.
- The last step in bicycle accident law in Illinois is exchanging information.
The information you should exchange with the other involved party includes your:
- Driver's license number
- Current insurance information
- Registration information for the bicycle,
- The owner's name and address
Although you may feel like you want to exchange information with the other party right away, this isn't recommended. Make sure you've talked to your attorney before exchanging information with the other party.
Once you have exchanged information, it's best to contact an experienced bicycle accident attorney immediately.
A fair settlement for your injuries if a hit by a car accident occurs can be difficult to obtain. Our personal injury law firm has assisted car accident victims to recover financial compensation after being struck by motor vehicles.
If you need a bicycle accident attorney in Illinois, call the personal injury attorneys at Rosenfeld Injury Lawyers, LLC, at (888) 424-5757 to get your free consultation today!
Is It Possible to Sue Someone for Hitting You on a Bike?
You could file a property damage suit in Illinois if an accident happened to you while riding a bike.
There's no need to prove the at-fault driver was specifically negligent when it comes to bicycle accidents, and you can win if the car driver is at fault for your personal injury.
Taking Legal Action Against a Negligent Driver
You can prove negligence in a bicycle accident case by showing that the driver failed to act as a reasonable person would in similar circumstances. However, you must show all four of the following facts to have the best chance of winning your case:
- The motorist was driving negligently
- The driver's negligent driving caused your injuries
- You were riding a bicycle as a reasonable person would have been expected to do in the circumstances
- The negligence of the driver caused your injuries
Bicycle accidents happen every day and continue to happen as long as drivers and bicyclists share the same roads. The careless driver may be liable for criminal charges, such as reckless driving or criminal negligence.
Proving negligence in personal injury claims is often the key to winning a case. Therefore, irrespective of whether someone else's negligence occasioned your injuries from a hit by a car accident, it's crucial that you contact a personal injury attorney as soon as possible for a free case evaluation.
Hiring a bike accident lawyer immediately after the accident provides the best opportunity to pursue compensation from the driver's insurance company.
Collisions in Parking Lots and Sidewalks
Proving negligence in bicycle accident claims can often be challenging. And, if this hit by a car accident happened on someone else's property (a sidewalk or parking lot), it may be even more challenging to hold them liable for your injuries.
Were you injured in a motor vehicle accident? It's critical to collect evidence to enhance your chances of winning a personal injury case.
Our legal team has handled numerous car crash cases, and we understand the legal intricacies involved. However, this area of law is very complicated, and it is not easy to generalize when it comes to car accident cases. Therefore, contact us for legal advice to safeguard your legal rights.
Hiring a Lawyer to File a Lawsuit for a Bike Accident
Have you been injured in a bike accident?
You can trust us with all your legal needs because we have many years of experience representing clients involved in accidents like yours. We know how to win cases and will fight hard on your behalf to receive the settlement you deserve.
Don’t let another day go by without getting justice for what happened to you!Call our office today toll-free at (888) 424-5757 or fill out this contact information form online right now!
Our attorneys operate on a contingency fee basis, so you don't have to pay us unless we win your case.