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What if my child was injured or killed in a bicycle accident ?

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

 

If your child was injured or killed in a bicycle accident in Illinois, you are able to bring a lawsuit on his or her behalf, as well as yours, for the injuries, suffering, and expenses that the accident caused you to incur.

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.

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.

Proving Negligence in a Bicycle Accident

If your child was injured in a bicycle accident, you will need to prove that the driver was negligent in their behavior. To prove negligence in Illinois, you will need to show three things:

  • The driver owed a duty to not injure your child.
  • The driver breached that duty.
  • Your child was injured due to this breach of duty and suffered damages.

Every driver is tasked with a certain level of responsibility to not injure others on Illinois’ roadways, however with the Tender Years Doctrine, drivers are obligated to exercise an increased duty of care when children, particularly younger children, are on bicycles. This doctrine also holds children at a lower standard when it comes to the carefulness they are expected to have while riding their bicycles.

Illinois states that children under the age of seven are incapable of negligence and thus are not able to contribute to an accident. Children that are between the ages of 7-14 and involved in a bicycle accident are subject to rebuttal presumption, which presumes that while a minor child cannot be responsible for an accident, the courts will take into account their age, mental capabilities, and intelligence in determining fault.

If your child died following a bicycle accident, you can sue the negligent driver for wrongful death. Wrongful death bicycle lawsuits involve showing that your child died due to the actions of the defendant, whether they were intentional or not, and that you suffered as a result of their loss. As a parent you can receive compensation for their medical bills, the pain and suffering they had prior to their passing, funeral and burial arrangements, and your own mental anguish at their loss.

Watching a child suffer after an accident, or losing them completely, is traumatic. If your child was injured or killed in a bicycle accident, the lawyers at 844 See Mike are here to help you in this extraordinarily difficult time.

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. 

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