Yes, if a motorist negligently harms you while you’re riding a bicycle then they have to pay for the damages as long as they were more than 50% responsible for the accident.
What Can I Actually Get In An Illinois Bicycle Case?
If the driver was negligent and at fault, they will be responsible for medical expenses. However, not all medical expenses may be covered, only those that are considered reasonable through the insurance claim process or at trial. Illinois uses the reasonable-value approach, which means that you are able to seek the full reasonable value of your medical expenses, regardless of insurance. Wills v. Foster, 323 Ill.2d 393 (2008). However, you can get other kinds of recovery in an Illinois bicycle accident lawsuit as well. For instance, if you miss work while recovering from the incident, then you can get damages for the lost income. Additionally, if any of property, like your bike, was damaged from the event, you can seek reimbursement for that as well. Finally, if the crash left you with intangible injuries like scars or disability, then you can get monies for those non-economic losses too. To understand what your recovery might look like in more depth, contact our offices.
How Do Many Bicycle Accident Victims Seek Recovery?
Often a bicyclist will use their own health insurance to pay for the medical treatment and then once the settlement is made for the accident, their attorney can discuss reimbursement of medical costs with the health care insurance provider. The advantage to using your own medical insurance is that the insurance company usually only pays a percentage of medical expenses, which means after a potential settlement, you will not be paying back the full cost of your medical bills. Additionally, your insurance will pay the bills promptly, so health care providers do not send you to collections, as they are legally able to do, while you wait for your case to be resolved.
Who Do Most Plaintiffs Target In Bicycle Accident Cases?
After figuring out the exact circumstances of your bike accident and the laws that afford you the most relief, the next critical task is to identify the persons or entities responsible for your injuries. After you do this, you will name them as defendants in your lawsuit and proceed against them in trial or settlement. If you choose wrongly, then you will lose out on your chance to recover so it is vital that you make this decision properly. Normally, plaintiffs go after this list of parties the most in bicycle accident litigation:
- Motorist: Suing the driver that hit you is the most likely place to start and will likely lead to substantial recovery.
- Driver’s Employer: If the driver was working at the time of the accident, then you may be able to sue his or her employer and that can be advantageous because they will have more money than the driver more often than not
- Parents: If the parents or other parties related to the driver actually owned the car that hit you, you might be able to sue them for the damages that resulted from the incident.
Don't Let Motorists Off The Hook In Your Bicycle Accident!
Rosenfeld Injury Lawyers can make sure that the motorists responsible for your bicycle accident injuries pay their fair share. Plus, we can even do it on contingency so that you are spared every dollar of bills unless and until you are satisfied with the results. We have the experience and dedication to bring your lawsuit to a successful conclusion. Call us today to hear about how you can get the compensation that you deserve under the law!
If you would like to know more about bicycle accidents in Illinois, please read the following pages: