Recovering Damages After a Bicycle Accident

 Posted on April 20, 2017 in Personal Injury

Spring has arrived in Northern Illinois, which means that an increased number of cyclists will be taking to area roadways for exercise, recreation, and commuting purposes. Weather permitting, the greater Chicago region is a beautiful setting for bike riders, and thousands will soon be enjoying the freedom offered by the pedal-powered machines. Much of our current society, however, functions on the mechanical engine and the automobile, and serious accidents can occur when drivers fail to see cyclists amidst the sea of moving cars.

The Law

In Illinois, bicycling is very popular in the spring, summer, and early fall, yet injuries are often rampant. A personal injury lawyers can help assist you, in recovering compensation for an injury suffered in a bicycle accident. The question often turns to the potential to recover damages, including pain and suffering, from your insurance carrier or the insurance carrier of the individual who caused the injury. If you are covered by an auto insurance policy, you may be able to recover for either personal injury protection (PIP) or uninsured (UM) benefits depending on your policy. In addition, you may be able to recover for your medical bills, lost wages, and other injuries.

Proving Liability

To recover bicycle accident damages from a driver of an automobile who caused the accident, you must demonstrate negligence on the part of the driver. Illinois follows the rule of modified comparative negligence, and that means that you or the injured individual must show that the other party was 50 percent or more at fault for the accident which caused your injuries. If you are found to be 51 percent responsible for the accident, you cannot recover anything for your injuries. Additionally, Illinois utilizes a two-year statute of limitations on personal injury claims.

Remember to seek medical assistance immediately if you have been injured in any type of accident. If you feel shaken by the crash but are unsure if you are injured, it is a good idea to be examined by a medical professional just in case. Report the incident to police so there will be a record of the incident, which could prove very valuable as you seek compensation for your injuries.

Get Legal Help

If you or someone you know has experienced an injury due to a bicycle related accident, contact an experienced DuPage County personal injury attorney. At Martoccio & Martoccio, we are committed to helping injured victims collect the compensation they need to put their lives back on track. Call 630-920-8855 for a free, confidential consultation at either of our two convenient locations.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+XIII+Pt%2E+2&ActID=2017&ChapterID=56&SeqStart=102800000&SeqEnd=106200000

http://insurance.illinois.gov/autoinsurance/comp_Negl.asp