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 and cause the accident. 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 bikers 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 constitutes a bar to recovery when the bicyclist is more than 50% at fault. 735 ILCS 5/ 2-1116. In Illinois, bicyclists who are injured and less than 50% to blame have the right to recover damages. However, their damages are reduced by their percentage of fault. This means if you are found 30% at fault, you can recover 70% of the damages. A police report or insurance company saying you are partially at fault does not make it true. Comparative negligence and the percentage of fault are determined by the jury or trier-of-fact.
What can Bicyclists Recover in an Illinois Lawsuit?
Bicycle accident cases mirror other personal injury cases in terms of compensation, the below is what victims typically recover:
- Economic Losses: In a bike accident if the other person is found liable, you can recover economic losses such as medical bills, lost income and property damage.
- Intangible Injuries: Intangible injuries normally relate to disability, disfigurement, long-term pain or suffering, and any reduced quality of life related to the event.
- Punitive Damages: If the wrongful party was acting particularly egregiously when he or she hit you, you may be able to obtain punitive damages.
- Wrongful Death: If your spouse or loved one is killed in a bicycle accident, 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 ways 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 how we can help.
Wondering if You can Bring a Bicycle Accident Lawsuit?
Rosenfeld Injury Lawyers LLC represents bicycle accident victims whether they are at fault or not. Illinois allows you to recover as long as you were not primarily to blame. Plus, we can get you the help you need on contingency, so you won't pay unless you're happy with the award. Call now to open your case with Rosenfeld Injury Lawyers LLC.