One minute you’re pedaling along, maybe heading out to enjoy a ride down the Lakefront Trail or commuting to work in the bike lane alongside a busy city street. The next, everything changes: You’re on the ground, in pain, in the middle of commotion, flashing lights and sirens, disorientation, and uncertainty.
Almost nothing is more terrifying than an accident, especially in its suddenness. Bicycle accidents are uniquely scary. When you’re on a bicycle and are hit by a car — a giant behemoth relative to your vehicle, with all manner of protective features that you don’t have — you’re extremely vulnerable.
The aftermath of an accident can be as stressful as the incident itself, if not more so. Every day brings new worries about pain, medical appointments, lost wages, your damaged bike, and calls from insurance companies. Amid all this, it’s natural to wonder whether you need to hire a lawyer.
Not every tumble requires legal action. But when a bicycle accident in a busy city like Chicago involves injuries, property damage, and another party (like the driver of a car), things can get complicated fast.
Proving Negligence: Who Is at Fault for Your Bicycle Accident?
Figuring out who is legally responsible in a bike accident involving a car isn’t always clear-cut. You might think the onus should be placed on the driver, but insurance companies, law enforcement officers, and courts don’t always see it that way.
Maybe the driver made a sudden right hook turn across your path, or someone opened a car door without looking and doored you, or maybe you were navigating a confusing intersection and thought you were safe to proceed, only to find out in the worst way that you weren’t.
Illinois operates under a modified comparative negligence rule, meaning that you can be compensated for your injuries even if you’re found partially responsible for what happened, as long as you’re less than 51% at fault. Your compensation is generally just reduced by the percentage you’re found to be at fault.
Even so, proving the other party was primarily responsible is no picnic, especially when you’re up against their insurance company. But it’s something that lawyers experienced with Chicago cycling accidents can be instrumental in handling. These lawyers have a sophisticated understanding of city and state traffic ordinances and how they apply to cycling accidents.
Insurance Companies: Friend or Foe?
Insurance adjusters work for insurance companies, not for you. Their goal is to settle a claim for the lowest payout possible. It’s not always clear which insurer is required to cover the accident, either. While most claims involve the driver’s auto policy, you might have to deal with your own insurer, especially if the driver who hit you was uninsured or fled the scene.
You might find that just filing a claim properly is hard enough to do on your own, let alone negotiate fair compensation. This is another area an attorney can handle for you, acting as your advocate in negotiations or, if it comes to it, in court.
The Clock Is Ticking: File Your Claim as Soon as You Can
Choosing whether to work with a bicycle accident lawyer or not can be difficult, and there are many details to weigh. Don’t take too long to decide, however. There is a deadline for filing a personal injury lawsuit called the statute of limitations.
In Illinois, you generally have only two years from the date of the accident to file your claim in court. If you miss the deadline, you forfeit your right to pursue compensation forever.
If the accident simply damaged your bike and left you with minor scrapes, it might be easy enough to get a fair payout. But if the consequences were life-altering, don’t deny yourself a good ally in your corner.
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