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Recent statistics reveal that in 2022 alone, around 1,717 bicycle accidents occurred throughout Chicago. In that same year, 70% of the state’s bicycle accidents happened directly in the city.
If you’ve recently experienced a bicycle crash in Chicago or a surrounding area that led to significant injuries, it’s important to get informed regarding your legal rights. Depending on the situation, you could be eligible to seek financial compensation from the responsible party that covers losses you experienced in the form of medical bills, lost wages, property damage, and more.
The best way to determine if you have the basis to file a claim is to talk about what happened with qualified bicycle accident attorneys in Chicago. Learn more about how Kermani LLP can help you navigate your bicycle crash below.
Types of Bicycle Accident Cases Handled by Kermani LLP
Not every bicycle crash happens in the same way. There are many different types of bicycle accident personal injury cases including:
- Collisions between bicyclists and vehicles;
- Bicycle versus motorcycle accidents;
- Incidents when a bicyclist strikes a pedestrian;
- Accidents resulting in traumatic brain injuries;
- Bicycle crashes that result in permanent injuries;
- Hit-and-run incidents.
Our goal here at Kermani LLP is to help you recover the bicycle crash compensation you’re entitled to due to your circumstances. In general, your claim will be worth more when your injuries are more serious.
Steps to Take Following a Bicycle Accident in Chicago
To leverage Chicago bicycle laws to your advantage and get the compensation you’re entitled to receive, you will need to take specific steps after your accident. The following steps are all crucial to your claim, but keep in mind that you’ll need to take into account the severity of your injury. If you are extremely hurt after your collision, then your main focus needs to be your physical recovery. You need to prioritize your physical health and get the care you need ASAP. Use your best judgment to determine how to handle your incident, while also being aware of your rights and obligations after a crash. Here is what to do to preserve your rights throughout the process:
Get Medical Treatment
First, get medical care as soon as you can. Depending on the severity of the injury, you may need to get immediate care directly at the scene, or you may have to get rushed to a nearby hospital. If that’s not the case, then it’s still important for you to go to a nearby emergency room or schedule a timely hospital visit shortly after wrapping up the aftermath of the accident. The longer you wait to get help for your injuries, the more likely you are to not only impact your physical health but also harm your claim. Delayed care can make your symptoms worse or even call into question where the injuries came from.
Report the Accident
The very first thing you’ll want to do directly at the scene of the accident is call the police. This important step will help you report the accident.
Once authorities get to the scene of the accident, they’ll immediately start documenting everything. They’ll want to know who was involved, what happened, whether any witnesses saw the incident, whether injuries are present and more. The purpose of this initial investigation is to not only create an official document that details the facts surrounding the incident but also to determine who may be considered at fault for the crash. Authorities typically do all of this to determine if any criminal behavior is present, like driving while intoxicated.
Depending on what happened, car insurance policies may help cover the losses from the accident. That said, you might also need to report the accident to your insurance company. If that’s the case, then be sure to remember not to trust insurance agents. Insurance adjusters have an incentive to minimize your claim. That said, you can report what happened without going into any details about fault or your injuries until you’ve talked to a lawyer.
Collect Evidence
When your losses are significant, it’s time to start collecting evidence that proves it. Save copies of your medical bills, any diagnosis you receive, the police report, physical evidence obtained at the accident scene, photographs of the accident, and anything else that shows fault or the extent of your losses.
Get Informed About Your Legal Options
Next, you’ll want to get informed about your legal options by learning more about negligent driving and bicycle accidents. In most cases, it makes the most sense to talk to Chicago bicycle accident lawyers about what happened. They’ll be able to guide you in understanding more about your rights and options.
Your Compensation Options Explained
After a crash, lawyers can recover both economic and non-economic damages for bicyclists. The value of your claim will be made up of the extent of your losses including your medical costs, lost wages, emotional distress, and more.
Illinois’ Statute of Limitations for Bicycle Accident Claims
Statute of limitations laws limit the amount of time you have to file a claim. In Illinois, you have up to two years from the date of your accident to pursue a personal injury lawsuit.
Comparative Fault and Its Impact on Your Compensation
Illinois considers contributory negligence in bicycle accidents, which means that you can only seek out a claim form compensation if you were less than 50% at fault for the accident. It also means you can still file a claim even if you were partially to blame. This system could impact your compensation award by reducing it based on your perceived percentage of fault in the accident. If you have more questions about comparative fault in Illinois, then Chicago bike accident lawyers can help.
Kermani LLP’s Proven Legal Strategies in Bicycle Accident Cases
Here at Kermani LLP, our team is well-versed regarding bicyclist rights in Illinois, and we’re ready to leverage that knowledge to help you pursue justice. We use a proven, effective strategy when it comes to legal advocacy for bicyclists that involves building up a strong courtroom-ready case from the beginning. Building up such a strong claim will help you save time and money since the other party will likely settle when presented with the facts.
Why Choose Kermani LLP for Your Bicycle Accident Case?
It’s important to know how to choose the right lawyer since you’ll only have one shot at securing justice after your crash. You should choose Kermani LLP to represent you because we have the qualifications, skills, expertise, knowledge, and compassion that you need to navigate your situation smoothly.
Leading Advocates for Bicycle Safety and Law in Illinois
Experiencing a bicycle accident in Chicago can be traumatizing, especially if the incident results in debilitating injuries. What’s more, those injuries can lead to long-term losses from ongoing medical costs to an inability to return to work for a while. In many situations, your bicycle is also likely damaged and in need of repair. Unfortunately, you could also be undergoing significant emotional distress in the form of nightmares, anxiety, stress, and fear.
If you’ve found yourself in a similar situation, then it’s time for you to hire the right legal advocate to fight for you. Here at Kermani LLP, our team of experienced and compassionate attorneys are ready to take on your case.
Schedule a call with our office now to discuss your situation in more detail with one of our best lawyers.
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Frequently Asked Questions
What types of injuries are most common in Chicago bicycle accidents?
The most common injuries in a bicycle accident include traumatic brain injuries, fractures, broken bones, facial injuries, dental issues, road rash, internal injuries, soft tissue injuries, and spinal cord damage.
Bicycle accidents often lead to extremely significant injuries since the rider usually has very little protection in the event of a crash. Many riders do wear helmets, knee pads, or other safety gear but they can’t completely protect the rider, especially if they get into a crash with a fast-moving vehicle or motorcycle. Bikers typically get thrown off the bike and onto the ground.
How do I prove negligence in a bicycle accident case in Chicago?
Under the law, negligence happens when one party owes another party a duty of care, fails to uphold it, and causes a collision. The first element of negligence is easy to prove in bicycle crashes since all motorists, pedestrians, and bikers have an automatic duty to provide for the care and safety of everyone else on the road. To prove the other party failed to uphold this duty, you need to prove fault. You can do this by using evidence found in the police report, witness statements, physical evidence, photographs of the accident, video footage, and more.
How do Chicago's helmet laws affect my bicycle accident claim?
Your ability to file a claim won’t be impacted by helmet laws in Chicago, since they are very lenient. Under the law, only bicycle riders operating as bike messengers or delivery people are required to wear helmets by law. In other words, all recreational riders are under no legal obligation to wear a helmet. Chicago courtrooms operate on a modified comparative negligence standard, which means a biker could be held partially at fault if they contributed to the accident. Under the law, however, a rider can’t be held contributorily negligent for not having a helmet on at the time of the crash.
Can I file a claim if a defective bicycle part caused my accident in Chicago?
Yes! Bicycle part manufacturers have a legal duty to provide for the care and safety of customers. If one of their products causes an injury when it was used as expected by a customer, then the customer can seek out a legal claim against the defective bicycle part manufacturer.
The most difficult part of these claims is often proving that the defective bicycle part caused your accident. To prove this, an investigation will likely be necessary. You probably won’t realize right away that the part was even defective.
First, you need to document all the details of your issue with the part. You need to compare the way that your part acted to the way a properly manufactured part should’ve performed under the same circumstances. You may also need to compare how your part looks in contrast to a proper part. The only way to make this determination is to have an expert, investigator, or yourself look into the details of both your defective part and a regular one.
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