Bicycle Fatality Accidents

Riding a bicycle is a great way to stay in shape, a “green” method of transportation, and a fun way to see all of Chicago and Illinois. What is unfortunate is that this popular activity can often result in serious accidents that are often fatal. While Illinois has come a long way by enacting specific laws that protect cyclists, with 26 cyclist deaths in 2017, Illinois was in the top 10 most dangerous states for those that ride bicycles.

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.

Negligent Driving Causes Bicycle Fatalities

The majority of fatal bicycle accidents occur in urban areas like Chicago, according to the National Highway Traffic Safety Administration (NHTSA). In 2017, 75% of bike fatalities were in urban areas, occurring on roads, roadsides or shoulders, in bike lanes, and in parking zones.

Regardless of where the bicycle accident occurred, these accidents are often the result of reckless driving, poor judgment, and/or negligence on the part of the motor vehicle driver. Some of the most common scenarios where negligent driving causes bicycle fatalities include:

• Failure to allow the right-of-way or to yield-Bicycles are considered a vehicle and thus have the same rights as cars, trucks, motorcycles, and SUV’s, yet many drivers fail to yield to cyclists, often causing accidents that can be fatal.
• Dooring accidents-Dooring occurs when a motor vehicle driver opens their door into the flow of traffic without checking that it is clear to do so. A cyclist must then swerve to avoid striking the door and is forced into traffic, or if the cyclist doesn’t have adequate time to move, they hit the car door and are often thrown from their bicycle.
• Clipping accidents-When a motorist is attempting to pass a bicycle, they often misjudge the distance between their vehicle and the bike, clipping the bicycle and causing an accident.
• Right turn accidents-Motor vehicle drivers have a blind spot on the right side of their car making it difficult to see smaller bicycles when making a right-hand turn.
• Left turn accidents-Drivers making a left turn, normally at intersections, often fail to look for cyclists. This often results in the vehicle blocking the path of the cyclist or directly hitting them.

What is Wrongful Death?

When motorists drive negligently, they put cyclists at risk for fatalities, known as a wrongful death. Illinois statute 740 ILCS 180 defines wrongful death as a death “caused by a wrongful act, neglect or default”, both intentionally and unintentionally. The Wrongful Death Act also states that the damages in a wrongful death lawsuit are to be used for the exclusive benefit of the deceased’s next of kin, which may be their spouse, children, or court-appointed representative.

Wrongful death cases have a statute of limitations of two years unless the death was the result of a violent, intentional act, which then extends the statute of limitations to five years. Damages in wrongful death cases will be distributed to the next of kin depending on the relationship and dependency the two parties had.

In a wrongful death suit, the deceased’s next of kin can seek damages for the following:

• Expenses-Damages can include medical expenses prior to their passing and expenses to pay for the funeral and burial.
• Loss of Support-This includes the loss of income that would have been provided by the deceased, including wages, pensions, and Social Security benefits.
• Pain and Suffering-Compensation for the deceased’s pain and suffering prior to their passing.
• Loss of Consortium-Also known as “Loss of Society”, this includes the value of the deceased and their relationship with their next of kin including love, companionship, support, and protection.
• Emotional Damages-The next of kin can receive compensation for their grief and mental suffering.
• Punitive Damages-If the negligent party is found to be reckless in their behavior, punitive damages may be awarded to make an example of this type of behavior.

Each wrongful death bicycle accident case will be different and unique, making it hard to give an exact figure on compensation. However, 844 See Mike can help determine what you may be entitled to due to for your loved one’s loss.

We at 844 See Mike are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured in a bicycle accident, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services.

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.