Bicycle accidents can result in severe injuries due to the lack of protection for cyclists, often leading to substantial medical bills, lost wages and emotional distress. If you’ve been injured in a bicycle accident, securing an injury lawyer in Chicago is crucial to protect your rights and pursue the compensation you deserve.
At Meyers & Flowers, we understand cyclists’ unique challenges and are committed to fighting for your rights. Trust us to provide the legal support you need to focus on your recovery. Contact us today to schedule your free consultation.
Table of Contents
- Why Choose Meyers & Flowers
- How Meyers & Flowers Can Help After a Bicycle Accident
- Bicycle Accident Statistics
- Common Causes of Bicycle Accidents
- Laws Covering Bike Accidents in Chicago
- How to Prove a Bicycle Accident Case
- How Do I File a Claim for a Bicycle Accident?
- Claim Filing Deadline for Bicycle Accidents in Chicago
- What Compensation Can I Get in a Bicycle Accident Case?
- Contact Us
Why Choose Us?
- We are top Chicago trial lawyers with a proven track record of success. Our past case results amount to billions of dollars won for our clients in and out of the courtroom.
- Our lawyers have years of experience, specifically in automobile accident law. We have successfully resolved bicycle accident claims locally and nationally.
- Our team of top Chicago personal injury attorneys is willing to do what it takes to achieve justice for your bicycle accident case. We can confidently go up against any defendant, big or small.
- We operate on a contingency fee basis. This means we won’t charge you anything for our legal representation unless we win your bicycle accident case.
How Meyers & Flowers Can Help After a Bicycle Accident
Choosing Meyers & Flowers as your bicycle accident lawyer in Chicago means partnering with a team of dedicated, experienced bicycle accident attorneys in Chicago who understand the unique challenges cyclists face. At Meyers & Flowers, we bring a compassionate yet aggressive approach to every case, ensuring your voice is heard and your rights are protected.
Our firm has a proven track record of success in handling bicycle accident cases, leveraging our extensive knowledge of Illinois traffic laws and personal injury statutes to build a strong case on your behalf. Our dedicated team will conduct a thorough investigation, gather essential evidence, and negotiate with insurance companies on your behalf to ensure you receive the maximum compensation for your injuries, medical expenses and lost wages.
What sets Meyers & Flowers apart is our personalized approach to legal representation. We recognize that every bicycle accident case is unique, and we tailor our strategies to meet each client’s specific needs and circumstances. From the initial consultation to resolving your case, we maintain open and honest communication, providing you with the guidance and support you need during this challenging time.
Our commitment to excellence and unwavering dedication to our clients’ well-being make Meyers & Flowers the ideal choice for anyone seeking justice and compensation after a bicycle accident in Chicago.
Bicycle Accident Statistics
According to statistics, the majority of bicycle accident victims are male, with children and young adults being particularly vulnerable groups. Urban areas, such as Chicago, see higher rates of bicycle accidents than rural areas, mainly due to increased traffic density and the popularity of cycling as a mode of transportation.
Additional statistics about bicycle accidents in Chicago include the following:
- According to the National Highway Traffic Safety Administration (NHTSA), in 2020, 846 cyclists were killed in traffic crashes in the United States
- In 2019, an estimated 49,000 cyclists were injured in motor vehicle traffic crashes
- In Illinois, the Illinois Department of Transportation reported 3,180 bicycle crashes in 2019, with 27 resulting in fatalities
- Chicago consistently records the highest number of bicycle accidents within the state, reflecting its large population and high volume of cyclists
- The Chicago Department of Transportation (CDOT) reports an average of 1,500 bicycle accidents annually, with a significant proportion resulting in serious injuries
Common Causes of Bicycle Accidents
It is important to understand the most common causes of bicycle accidents in Chicago, both to keep yourself safe from potential collisions and to recognize what may have been behind your recent crash. In Illinois, determining the cause of your bicycle accident is necessary before you can file an insurance claim, as the person or party at fault will be held financially responsible (liable) according to Illinois’s fault-based insurance law.
Driver Inattention or Distraction
Drivers distracted by their phones, GPS devices or other distractions may fail to notice cyclists, leading to collisions. Inattention can result in drivers not yielding the right of way or not seeing cyclists at intersections.
Failure to Yield
Drivers who fail to yield the right of way to cyclists at intersections or while turning can cause serious accidents. This includes situations where drivers incorrectly check for cyclists before turning or changing lanes.
Reckless Driving
Aggressive or reckless driving behaviors, such as speeding, tailgating, or weaving in and out of traffic, can significantly increase the risk of bicycle accidents.
Impaired Driving
Driving under the influence of alcohol or drugs impairs a driver’s ability to operate their vehicle safely and can lead to accidents with cyclists. Impairment reduces reaction times and decision-making abilities.
Running Red Lights or Stop Signs
Drivers who run red lights or fail to stop at stop signs can collide with cyclists who have the right of way. This is particularly dangerous at intersections where cyclists may cross or proceed straight through.
Poor Road Conditions
Potholes, cracks, debris, and other hazardous road conditions can cause cyclists to lose control or be thrown off their bikes. Inadequate road maintenance and poor infrastructure can contribute to these accidents.
Lack of Bicycle Infrastructure
Inadequate bike lanes, poorly marked bicycle paths, and a lack of dedicated cycling infrastructure can force cyclists to share the road with motor vehicles, increasing the risk of accidents. Also, when a driver or passenger opens a car door without checking for oncoming cyclists, the cyclist may collide with the door.
Cyclist Behavior
Cyclists themselves can sometimes contribute to accidents by running red lights, failing to signal turns, or riding against traffic. Adhering to traffic laws and using proper signaling can help reduce the risk of accidents.
Weather Conditions
Adverse weather conditions like rain, fog, or ice can reduce visibility and road traction, making cycling more hazardous. Both drivers and cyclists need to exercise extra caution during inclement weather.
Make sure to speak with a Chicago car accident lawyer for legal guidance if you were injured in an accident involving a Cyclist.
Laws Covering Bike Accidents in Chicago
Bicycle accidents in Chicago are primarily governed by personal injury law, a branch of civil law that allows injured parties to seek compensation for losses resulting from accidents or negligent acts. Several specific areas of law intersect to cover bicycle accidents:
Personal Injury Law
- Negligence. The concept of negligence is the foundation of most bicycle accident cases. To establish negligence, the injured party must prove that the driver owed a duty of care, breached that duty, and caused the accident and resulting injuries.
- Damages. Personal injury law allows victims to seek compensation for medical expenses, lost wages, pain and suffering, and other related damages.
Traffic Laws
- Illinois Vehicle Code. State traffic laws, found in the Illinois Vehicle Code, regulate the behavior of drivers and cyclists on the road. These laws include rules about right-of-way, signaling and safe passing distances.
- Chicago Municipal Code. Local ordinances in Chicago provide additional regulations specific to cyclists, such as requirements for bicycle equipment and rules for riding on sidewalks and designated bike lanes.
Insurance Law
- Auto insurance. Drivers in Illinois must carry auto insurance, which can compensate injured cyclists through the driver’s liability coverage. A cyclist’s own uninsured/underinsured motorist (UM/UIM) coverage can be crucial in hit-and-run cases.
- Health insurance. Health insurance policies often cover immediate medical expenses following a bicycle accident.
Product Liability Law
If a bicycle accident is caused by defective equipment, such as faulty brakes or tires, product liability law allows victims to pursue claims against manufacturers or retailers for selling unsafe products.
Criminal Law
In cases where the driver’s behavior is particularly egregious, such as driving under the influence or reckless driving, criminal charges may be brought against the driver. These charges are separate from but can impact a civil personal injury case.
How to Prove a Bicycle Accident Case
Illinois’s fault-based car insurance system requires you to prove liability and your damages or losses to recover financial compensation for a bicycle accident in Chicago. This involves the use of clear and compelling evidence.
You can build a strong case by gathering as much proof and documentation as possible, such as:
- Police report
- Photographs and videos
- Eyewitness statements
- Expert witness testimony
- Medical records
- Bills and receipts
- Lost wage documentation
- Injury journal
Do your best to collect evidence immediately following your bike accident. Then, bring all of the records and documentation you have – including communications with an insurance company – to a free legal consultation at Meyers & Flowers.
How Do I File a Claim for a Bicycle Accident?
The things you do (and fail to do) in the aftermath of a bicycle accident in Chicago can have a measurable impact on your insurance claim. Insurance companies are skilled at protecting their profits by finding reasons to reject claims and minimize payouts. Take the following steps after a bike accident to build the foundation of a strong case.
1. Seek Immediate Medical Attention
Prioritize your health by getting medical treatment immediately, even if injuries are not immediately apparent. Medical records will be crucial evidence in your claim.
2. Document the Accident
- Gather evidence. Take photos of the accident scene, your injuries, and any damage to your bicycle. Collect contact information from witnesses and obtain a copy of the police report.
- Keep records. Maintain detailed records of all medical treatments, expenses, and any communications related to the accident.
3. Report the Accident
- Police report. Ensure the accident is reported to the police and obtain a copy of the police report, which will be necessary for your legal claim.
- Insurance notification: Notify your insurance company about the accident promptly, providing them with all necessary details.
4. Consult With a Chicago Bicycle Injury Attorney
Contact an experienced personal injury attorney, such as Meyers & Flowers Trial Attorneys, to discuss your case. An attorney can guide you in your legal options and help you understand your rights.
5. Investigation and Evidence Gathering
- Attorney’s role. Your Chicago bicycle accident attorney will conduct a thorough investigation, gathering additional evidence such as surveillance footage, expert opinions and detailed accident reconstruction if necessary.
- Building your case. The goal is to create a strong case that proves the other party’s negligence and the extent of your damages.
6. Filing a Claim
- Demand letter. Your attorney will typically start by sending a demand letter to the at-fault party’s insurance company, outlining your injuries, damages, and the compensation you are seeking.
- Negotiation. The insurance company may respond with a settlement offer, often leading to negotiations. Your attorney will advocate on your behalf to secure a fair settlement.
7. Filing a Lawsuit
- If negotiations fail. If a fair settlement cannot be reached through negotiations, your attorney may recommend filing a personal injury lawsuit.
- Complaint filing. The legal process begins with filing a complaint in the appropriate court, detailing your claims against the defendant.
8. Discovery Phase
Both parties will exchange relevant information and evidence through discovery, which may include:
- Depositions
- Interrogatories
- Document requests
9. Pre-Trial and Settlement Discussions
- Mediation or arbitration. In many cases, parties may engage in mediation or arbitration to settle without going to trial.
- Settlement offers. Settlement discussions may continue throughout the pre-trial phase.
10. Trial
Both sides will present their evidence and arguments if the case proceeds to trial. A judge or jury will then determine the outcome and any compensation awarded.
11. Post-Trial
- Appeals. If either party is dissatisfied with the trial outcome, they may file an appeal.
- Collecting compensation. If a favorable judgment is secured, your attorney will help ensure you receive the awarded compensation.
Claim Filing Deadline for Bicycle Accidents in Chicago
After any type of accident in Chicago, claimants are only given a limited amount of time to file personal injury claims under state law. Illinois’s statute of limitations (735 Illinois Compiled Statutes § 5/13-202) places a strict time limit of two years on the ability to file a bicycle accident lawsuit.
- Personal injury claims. If you are injured in a bicycle accident, you have two years from the date of the accident to file a personal injury lawsuit against the responsible party. This includes claims for medical expenses, lost wages, pain and suffering, and other related damages.
- Property damage claims. For property damage resulting from a bicycle accident, such as damage to your bicycle or other personal property, you have five years from the date of the accident to file a lawsuit.
- Wrongful death claims. If a bicycle accident results in the death of a loved one, the family has two years from the date of death to file a wrongful death lawsuit. This can include claims for funeral expenses, loss of companionship and other related damages. Make sure to speak with a wrongful death lawyer in Chicago for legal guidance.
It is important to act quickly if you wish to file a personal injury lawsuit following a bike accident in Chicago. Waiting could put you at risk of missing your statute of limitations and losing the right to file forever.
Important Considerations
Although the majority of bicycle accident claims in Illinois are subject to a two-year statute of limitations, there are some exceptions to the rule.
- Discovery rule. In some cases, the statute of limitations may be extended if the injury or its cause is not immediately apparent. The clock may start ticking from the date the injury was discovered or reasonably should have been discovered.
- Minors. If the bicycle accident victim is a minor, the statute of limitations may be tolled (paused) until the minor turns 18. This means the time limit for filing a claim does not begin until the victim reaches adulthood.
- Government entities. Special rules and shorter deadlines may apply if a government entity is involved (e.g., a city bus or a poorly maintained public road). Claims against government entities typically require filing a notice of claim within one year of the accident.
Certain circumstances could extend or shorten your filing deadline as a bicycle accident victim in Chicago. Contact an attorney right away to ensure timely filing.
What Compensation Can I Get in a Bicycle Accident Case?
If you’ve been injured in a bicycle accident in Chicago, you may be entitled to various types of compensation, depending on the circumstances of your case. Here are the primary categories of compensation that can be pursued in a bicycle accident lawsuit:
Medical Expenses
- Current medical costs: This includes compensation for hospital bills, surgery costs, prescription medications, physical therapy, and any other immediate medical expenses resulting from the accident.
- Future medical costs: If your injuries require ongoing treatment or long-term care, you can seek compensation for future medical expenses, including anticipated surgeries, rehabilitation, and medical devices.
Lost Wages
- Past lost wages: If your injuries have caused you to miss work, you can claim compensation for your lost income.
- Future lost earnings: If your injuries affect your ability to work, you may be entitled to compensation for future lost earnings, including diminished earning capacity, if you cannot return to your previous job or need a lower-paying position.
Pain and Suffering
- Physical pain: Compensation for the physical pain and discomfort you experienced due to the accident.
- Emotional distress: Compensation for emotional and psychological impacts, such as anxiety, depression, and trauma, that result from the accident and your injuries.
Other Compensation
- Quality of life: If your injuries prevent you from enjoying activities and hobbies you previously engaged in, you can seek compensation for the loss of enjoyment of life.
- Bicycle and personal property: Compensation for the repair or replacement of your bicycle and any other personal property damaged in the accident, such as clothing, helmets, and electronic devices.
- Permanent injuries: If the accident resulted in permanent scarring or disfigurement, you could receive compensation for the lasting impact on your appearance and quality of life.
- Permanent or temporary disability: Compensation for any disability resulting from the accident that affects your ability to perform daily activities and work.
- Impact on relationships: If your injuries affect your relationship with your spouse or family members, compensation may be awarded for loss of companionship, support, and affection.
- Punishing wrongful conduct: In cases where the at-fault party’s behavior was particularly egregious or reckless, the court may award punitive damages to punish the wrongdoer and deter similar conduct in the future.
Contact Our Bicycle Accident Attorneys in Chicago for a Free Case Review
Nothing can prepare you for getting hit by a car while on your bike or being involved in another type of serious bicycle accident in Chicago. At Meyers & Flowers, we are here to help you rebuild your life as much as possible after this traumatic event. Consult with our Chicago bicycle accident attorneys to learn about your rights and explore your legal options. Contact us today to schedule a consultation and take the first step toward recovery with a trusted advocate by your side. Send us a message online or call (630) 232-6333 anytime to begin your case.