Yes, under Illinois law, you are still allowed to recover for a bicycle accident as long as you weren't more than 50% responsible for the incident.
What Are The Rules Of The Road For Illinois Bicyclists?
You can be found at fault in a bicycle accident if you are negligent on your bike and cause the accident. Thus, it is very important to abide by Illinois' bicycle laws. However, you may still be able to recover compensation for your injuries. In Illinois, all traffic laws apply to both motor vehicle drivers and bicyclists. 625 ILCS 5/11-1502. This means that bike riders have the same duties and responsibilities as drivers.
How Do You Figure Out If A Bicyclist Can Recover In Court?
Illinois uses the doctrine of modified comparative negligence, which only constitutes a bar to recovery when the bicyclist is more than 50% at fault for their injuries. 735 ILCS 5/ 2-1116. Thus, in Illinois, bicyclists who are injured and are less than 50% to blame for the accident have the right to recover damages. However, their damages will be reduced by their percentage of fault, meaning if you are found to be 30% at fault, you can only recover 70% of the damages. Just a police report or insurance company saying that you are partially at fault does not make it true. Typically, comparative negligence and the percentage of fault are determined by the jury or trier-of-fact.
What Can Bicyclists Recover In An Illinois Lawsuit?
After learning the rules of the road and Illinois' comparative fault principles, it's important to review what kind of recovery is possible in a cause of action. Heck, lawsuits take a fair amount of time and work so it's useful to realize what it's all worth. Bicycle accident cases mirror other personal injury cases in terms of the compensation they generally receive so let's take a quick look at what that normally is:
- Economic Losses: If you're in a bike accident and the other person is found liable, then you can recover all of the economic losses that resulted like medical bills, lost income from missed work, property damage, and other items
- Intangible Injuries: Intangible injuries are a common part of bicycle accidents and are a main source of recovery for plaintiffs. They normally relate to the disability, disfigurement, long-term pain or suffering, and any reduced quality of life that comes because of the event.
- Punitive Damages: If the wrongful party was acting particularly egregiously or in a wanton fashion when he or she hit you on a bike, then you might be able to obtain punitive damages in an Illinois lawsuit.
- Wrongful Death: If your spouse or loved one is killed in a bicycle accident, then you could file a claim for the injuries and costs that the wrongful death brought into your life as well as the pain and suffering he or she experienced prior to passing away.
These aren't the only things that you can receive recovery for in an Illinois bicycle accident lawsuit, but they are the most frequent sources. If you are involved in an incident like this, call our office to find out exactly what you can get.
Wondering If You Can Bring A Bicycle Accident Lawsuit?
Rosenfeld Injury Lawyers LLC represents bicycle accident victims whether they had fault or not. Illinois still allows you to recover as long as you were not primarily to blame for the incident and you deserve to recover! Plus, we can get you all of the help that you need on contingency so that you won't pay a dime unless you're happy with the award. Don't wait! Call now to open your case with the Rosenfeld Injury Lawyers LLC.
For additional information see the following pages:
- Can I Have An Expert Testify For How My Bicycle Accident Occurred?
- Can I Only Be Compensated For My Medical Bills If I File A Bicycle Accident Lawsuit In Illiniois?
- Can I Still Recover Compensation For My Injuries If I Was Injured In A Hit-And-Run Bicycle Accident?
- Can More Than One Driver Be Liable In An Illinois Bicycle Accident Claim Or Lawsuit?
- Do I Need To Discuss The Bicycle Accident Details With The Insurance Company If They Contact Me?
- Does Illinois Have Laws Specifically For Bicyclists?
- How Long Do I Have To File A Lawsuit After My Bicycle Accident In Illinois?
- If I Am Injured In A Chicago Bicycle Accident Due To The Fault Of A Motorist, Are They Responsible For Paying My Medical Expenses?
- Is It Worthwhile To Hire An Attorney For My Bicycle Accident?
- Is The Repair Shop Responsible For My Injuries If A Faulty Repair Caused My Bicycle Accident?
- What Can I Do If My Child Was Injured Or Killed On His Or Her Bike?
- What Should I Do If I See A Bicyclist Get Hit By A Driver But I Was Unable To Stop?
- What Should I Do If I Was Injured In An Illinois Bike Accident And The Insurance Company Wants Me To Sign A Medical Authorization?
- What Should I Take Pictures Of If I Am In A Bicycle Injury Accident?
- Who Is Responsible If The Driver That Hit Me On My Bike Was Working At The Time?