Depending upon the circumstances, the driver or even the driver's company might be responsible for your bicycle accident injuries and damages.
Finding Responsibility After A Bicycle Accident In Illinois
In most cases, it will be the company the driver was working for at the time of the bicycle accident. This is referred to as the doctrine of respondeat superior, which is a common law doctrine that basically means that employers are responsible for employee actions when they happen within the scope of employment. Pyne v. Witmer, 135 Ill.Dec. 557, 561 (1989). For it to be in the scope of employment, "the conduct must be of the kind the employee is employed to perform, must occur within the authorized time and space limits of the employment, and must be done at least in part to serve the employer, rather than be for the employee's personal ends." Bagent v. Blessing Care Corp., 224 Ill.2d 154, 164-65, 308 Ill.Dec. 782, 862 N.E.2e 985, 991-92 (2007). So in your case, the employer most likely would be liable. However, in the event that the accident occurred outside the scope of the employment, the driver may be liable.
Examples Of Respondeat Superior Liability
As we said in the previous section, you can pursue damages in a bicycle accident case against the employer of the driver responsible for your injuries. Typically, that person must have been working at the time of the event in order to qualify for respondeat superior liability. What does that look like? Here are some common examples of conduct considered within the course of employment sufficient to trigger a company's liability:
- A driver was going 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.
What is not considered within the course of employment in order to trigger respondeat superior liability for the employer? Take a look at these examples:
- A driver was going into work but had not started working yet.
- A driver was off on a personal errand.
- Someone had stolen the employer's car and was driving it around.
If your case qualifies for respondeat superior liability depends on the facts and circumstances of the accident, but only reviewing them with a qualified Illinois attorney will you know for sure. Contact our offices to figure out who is responsible for your injuries.
Find Out Who Is Liable For Your Bicycle Accident!
If you're involved in a bicycle accident in Illinois, the motorist or the motorist's employer might be liable for the damages. Who you'll sue will depend on the circumstances of the incident. We can work with you to figure out who the correct defendant is and then bring a case on your behalf. Plus, we can do it on contingency so that bills won't stop you from mounting a competent claim. To learn more about how you can recover in Illinois after a bicycle accident injuries, call our offices today!Types of Accidents
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 Possible For Me To Be Found At Fault In My Bicycle Accident And Still Recover Compensation For My Injuries?
- 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?