As more and more people take to cycling as a means of transportation or recreation, for a “greener” lifestyle, or for physical fitness, the number of bikes on Illinois roadways continues to increase. Unfortunately, with this increase of bicycles on the roads comes an increase of bike accidents.
Bicycle accidents can be devastating for the cyclist due to their lack of protection and lack of size compared to motor vehicles. If you or a loved one was involved in a bike accident, you may have serious injuries that require extensive and ongoing medical treatments, which often come with high medical bills, lost wages, and psychological issues. If you have lost a loved one in a cycling accident, you likely have lost support, both financially and emotionally, that a wrongful death often causes. In times like these, you need the support and experience of a personal injury lawyer to fight for you and the compensation you deserve.
At Mike Agruss Law, we represent clients in Illinois who have suffered personal injuries from a bicycle accident, as well as family members who have lost a loved one in a road accident caused by the negligent or reckless conduct of another person. We know that when a bicycle collides with a vehicle weighing at least 2,000 pounds, the odds are not in the cyclist’s favor and the results can be tragic.
Negligence in Bicycle Accidents
Illinois has specific laws regarding cycling that both cyclist and motor vehicle drivers are required to follow so that everyone stays safe on the roadways. Even with these laws in place, cycling accidents continue to happen, whether it is due to distracted driving, left or right turn accidents, speeding, drunk driving, or failure to yield.
When a cycling accident occurs, it is the duty of the plaintiff under Illinois law to prove that the defendant acted in a negligent manner. Regardless of what type of negligence occurred, the cyclist must show these four things in their claim:
- Duty – The driver of the vehicle had a duty to not crash into the cyclist.
- Breach – The driver breached their duty and crashed into the cyclist or otherwise violated their duty.
- Causation – The actions of the driver who breached their duty caused the accident. This can be more difficult to prove as the driver may allege that the actions of the cyclist contributed to the accident or a third party was somehow involved. An experienced personal injury lawyer can refute this and show a line from the actions of the driver to the outcome.
- Damages – Damages must be legally recognizable, and they must show that the actions of the driver caused you to be harmed and left worse off than you were. It cannot be that you were annoyed at their behavior. Damages can be both economic, like lost wages and medical bills, and non-economic, such as pain and suffering, loss of enjoyment of normal life, and emotional distress.
Factors in Determining the Value of a Bicycle Accident
It is important to remember that each bicycle accident is going to be different, thus the amount that you can recover for your damages will also vary. Only an experienced personal injury lawyer can review your case and make a determination as to what you could expect in a settlement or court verdict.
If you want a general idea of what your bicycle accident claim could be worth, you can use these factors to determine the value of your accident may be:
- Severity of your injury – Bicycle accidents that involve vehicles often result in severe injuries. The calculation of your injury involves two things:
- Current medical costs
- Requirement for future medical procedures and costs
Some of the most common injuries sustained in a bicycle accident include lacerations, traumatic brain injury (TBI), broken bones, back and neck injuries, broken teeth and nose, disfigurement, and emotional injuries such as PTSD.
- Life impact/Pain and suffering – Illinois allows victims in personal injury cases to be compensated for how their lives will be impacted by their injuries. This will vary by case and injury, but generally, an amount will be determined by assigning a daily value to the physical and emotional pain the victim has due to their injury and multiplying that by the number of days they have suffered and will continue to suffer.
- Lost wages/future lost wages – A cyclist who is injured due to a bicycle accident is able to collect the wages they lost due to their injuries. They are also able under Illinois law to receive compensation for any income they will lose if they suffer a permanent disability and cannot work in the future or their income is severely diminished due to their injuries.
In the event that your case involves a wrongful death, a determination of value will use various factors which often include:
- Age of the deceased person
- The deceased’s earning capacity
- The deceased’s state of health
- The deceased’s income at the time of death
- The age and circumstances of the deceased’s dependents
- Medical bills of the deceased prior to their death
- The pain and suffering the deceased suffered prior to their death
- Funeral expenses
- Value of lost benefits of the deceased
All of these factors can give you a ballpark number of what your bike accident may be worth, but if you have questions about what you can expect to receive in a settlement or court verdict, contact our office to schedule an appointment to discuss the particular circumstances of your bicycle accident.
We see you as a person, not just a client – and that makes us better at what we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at Mike Agruss Law, we put People, First.
Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, e-mail us at [email protected] or schedule a meeting with us here. We’re here 24/7.
