Bicycle Accident FAQ

If you or a loved one has been injured in a bicycle accident, you may be unsure where to turn. Or, maybe you have questions about your rights and who may be liable for the injuries and damages you have suffered. The lawyers at 844 See Mike are here to help answer some of the most common bicycle accident questions that you may have. And, as always, feel free to contact us with any additional questions you may have.

At 844 See Mike, 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 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.

Questions & Answers

1. If I’m injured while on my bicycle, can I sue the driver that hit me?

Yes, assuming that the driver was the one responsible for the accident. If there were multiple parties responsible, you can also seek recovery from those parties under the comparative negligence doctrine. However, under this law, if it is found that you were partially responsible, your damages can be reduced by the percentage of fault you share.

1. What damages can I recover in a bicycle accident lawsuit?

Bicycle accidents are similar to other personal injury cases in the compensation you may receive. This includes:

• Economic losses-This includes medical bills, property damage, and lost income.
• Intangible losses-This includes anything that applies to a reduced quality of life, such as disfigurement, pain and suffering, and emotional distress.
• Punitive damages-If the defendant acted egregiously, the court may award punitive damages to make an example of their actions and prevent them from occurring again.
• Wrongful death-Wrongful death damages include the pain and suffering your loved one suffered prior to death, as well as damages for the way your life will be changed with their unexpected loss.

Each bicycle accident will be unique, thus the damages you can recover will vary. If you have questions about what you are entitled to in your particular case, contact our office to discuss your case.

1. I was injured in a bicycle accident and the insurance company is calling. Am I obligated to discuss my case with them?

You are not legally obligated to discuss your case with the insurance company and it actually best that you do not give the insurance company any details or information regarding your accident. They do not have your best interests at heart and can use what you say against you to avoid paying you what you deserve. If the insurance company is contacting you, it is best to direct all questions to your lawyer, which is why it is important to have an experienced personal injury lawyer on your side.

1. The driver in my bicycle accident left the scene. Is it possible to recover compensation after a hit-and-run bicycle accident?

If you are involved in a hit-and-run accident, don’t assume there were no witnesses or surveillance cameras around. It is rare in today’s world for anyone to get away with a crime, so the police are often able to track down the person who hit you. This is why it is important to file a police report immediately.

In the event that the driver is not identified, or they have little or no insurance, you may be able to receive compensation from your personal auto insurance under your uninsured motorist policy as long as there was contact between you and the hit-and-run driver.

1. I was hit by a driver who was working at the time. Who is responsible for my injuries?

In most cases, if the driver was “on the clock” at the time of your accident, under the doctrine of Respondeat Superior, the employer would be found liable for your injuries and damages. Respondeat superior is a doctrine that states employers are responsible for the actions of their employees that happen under the scope of their employment.

Respondeat superior will vary by each bicycle accident case, so it is important to review the facts of your case with a personal injury lawyers to determine who may be liable for your injuries and other damages.

1. Can the repair shop be held liable if a faulty repair caused my accident?

Possibly. If it can be shown that the repair shop provided you with faulty repairs and their negligent actions contributed to your accident, they could be found liable. You may also be able to recover damages from the bicycle manufacturer or bicycle parts manufacturer if their products contributed to your accident under a product liability lawsuit.

1. Are there bicycle experts who can testify on my behalf?

Yes, there are numerous experts who specialize in reconstructing bicycle accidents and determining if the design of a bicycle, its parts, repairs, or maintenance were faulty. If your bicycle accident involved serious injuries or even wrongful death, a bicycle expert can help establish negligence and liability.

1. What options do I have if my child was injured or killed while on their bicycle?

If your child was injured or killed while on their bicycle, you are able to file a lawsuit on their behalf, as well as yours, for the injuries, expenses, and suffering you both suffered. In the event that your child was killed, you can file a wrongful death claim against the at-fault party.

1. How much time do I have to file a claim against the person that injured me in a bicycle accident?

In Illinois you have two years to file a claim in most personal injury cases which typically begins on the date of your accident. If you have an injury claim against the city or county, you must file a formal claim within a year of the accident, and you will have one additional year to file your lawsuit.

1.  What documentation should I get following my bicycle accident?

After your bicycle accident you should get as much documentation as possible. This includes photographs of your bike, the vehicles involved, and the accident scene. If there were witnesses, get their contact information and make a note of any possible street cameras or surveillance on nearby buildings that may have recorded the accident.

You should also keep your medical bills, find receipts for your bicycle and any other property that was damaged in the accident, and if you suffer ongoing medical issues, keep a journal about those. All of this information will strengthen your case and make financial recovery easier.

Bicycle accidents can happen in the blink of an eye. No matter how safe of a cyclist you are, you are still at a distinct disadvantage each time you take to Illinois’ roadways. If you or a loved one has been injured in a bicycle accident, it can be devastating. Let an experienced personal injury lawyer help navigate the legal system and get you the compensation you deserve.

It’s important to consult with an experienced Chicago bicycle accident attorney as soon as possible to protect your rights and determine if you have a valid personal injury claim or wrongful death claim against a reckless or negligent driver. If you were injured in a bicycle accident, contact 844 See Mike, for a free consultation.

We see you as a person, not just a client – and that makes us better at work 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 844 See Mike, 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 michael@agrusslawfirm.com, or schedule meeting with us here. We’re here 24/7.