Joliet is known for having a bike-friendly culture, home to six major road bike trails and the second-oldest bike shop in the US [1,2]. However, the combination of bikers and motorists leads to about 19 bicycle accidents in Joliet per year [3].
A bike accident can require lengthy recovery times and major medical bills. Bicycle riders who have suffered serious injuries due to a driver’s negligence need an experienced Joliet bicycle accident attorney on their side.
Read on to find out how Rosenfeld Injury Lawyers can help with your case.
Bicycle Laws in Joliet, IL
Illinois law states that bicycle riders should ride by the right-hand curb and with the flow of traffic. You should also allow at least four feet between your bike and parked cars to avoid dooring accidents [4].
Bike riders are under the same obligations as drivers to obey traffic signs, including stop signs and when to yield right-of-way. You need to signal your intent when turning using hand signals.
All bicyclists, regardless of age, must wear a helmet. Those who ride at night must have reflectors on both the front and rear of their bike to improve visibility.
The Statute of Limitations for Bicycle Accident Claims
Accidents involving bicyclists have the same statute of limitations as any other personal injury lawsuit: you have two years from the accident date to file.
As your bike accident attorney will work to get a settlement from insurance claims, it’s important to act fast, so your attorney is able to reach a satisfactory settlement with the insurance company.
Common Causes of Bicycle Accidents
Joliet bicycle accidents often occur when motor vehicle drivers fail to watch for bikes as they drive. Impaired driving and distracted driving also frequently lead to a bike crash. Pedestrian accidents, when a walker and bicycle rider collide, also happen, but they may not result in serious injury due to the low speed.
Other Motor Vehicles
In most bicycle accidents, a negligent driver hits a bike rider. They may also open their door into the bike’s line of travel, a type of accident called dooring; this type accounts for 19% of all bicycle accidents [5].
The most common motor vehicles to cause bike accidents are passenger cars and trucks. A cyclist hit by a commercial vehicle will often have catastrophic injuries due to the enormous weight of semi-trucks, and some may die.
Regardless of the type of vehicle that hit them, injured victims should always consult with a Joliet car accident lawyer to ensure they receive maximum compensation for their pain and suffering.
If you have lost a loved one in such an incident, contact our Joliet wrongful death attorneys to discuss how we can assist you in gaining closure and compensation for your loss.
Product Defects
Sometimes, a Joliet bicycle accident case is due to an issue with either the bicycle or motor vehicle, often with the braking system. If the bicyclist suffers catastrophic injuries to the spine or head despite wearing a helmet, the helmet manufacturer could be held responsible.
Whether the issue is the car, the safety equipment, or the bike, skillful personal injury attorneys will work to show how the manufacturer’s negligence, rather than poor maintenance, is to blame.
Common Bicycle Accident Injuries
Bike accidents can cause severe injuries due to a variety of factors, including the driver’s speed and the angle of impact. Common injuries our legal team sees in these personal injury cases include the following.
Head and Brain Injuries
Traumatic brain injuries are common in bike accidents if the rider is not wearing a helmet, which reduces the risk of head injury by 60% [6]. Cyclists may also suffer dental injuries if they strike their face on their bike or on the ground, necessitating extensive dental work.
Back and Spinal Cord Injuries
Back and spinal cord damage are some of the most devastating injuries a person can suffer. These can be due to hitting the hood of a car, falling on top of the bicycle, or being thrown under the car.
Broken Bones
As most people will attempt to break their fall with their arms or legs, bone fractures are a frequent injury our personal injury lawyers see with bike accident cases.
Death
Sadly, an injured person may pass away from their injuries, particularly if they were hit by a drunk driver or a commercial vehicle.
Potential Liable Parties in a Bicycle Accident Claim
Your Joliet bicycle accident lawyer will carefully investigate all facets of the accident and identify which parties may be liable for your injuries. Some potential parties our Joliet personal injury lawyers can pursue include:
- The negligent driver
- Businesses, if the driver was driving a company vehicle
- Other vehicles who failed to stop
- Other bike riders
- Car and bike manufacturers
- Municipal departments
Can I Sue the City of Joliet for a Bicycle Accident?
Unfortunately, it is not always possible for a Joliet bicycle accident lawyer to pursue a case against the City of Joliet due to the Tort Immunity Act. This provides the city with immunity unless it can be proven the city showed willful and wanton misconduct.
Our Joliet personal injury lawyers will examine the facts of your case and identify whether we can hold the city liable for issues such as poor road maintenance and dangerous intersections.
Damages Our Joliet Bicycle Accident Attorneys Can Help You Recover
In personal injury settlements, there are two types of damages: economic and non-economic. Economic damages are those that can be easily quantified through documentation, such as:
- Medical expenses
- Out-of-pocket expenses for medical needs
- Lost income
- Loss of earning potential
- Bike repair or replacement
- Funeral expenses and lost wages in the case of wrongful death
Non-economic damages are those that compensate for the changes to a person’s life as a result of the accident, and they can include:
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
When you work with us for your personal injury claim, we will assess every nuance of how the injury has impacted you, whether that is the cost of medical treatment or the trauma of being struck, and factor this into your claim.
How Much Money Can I Get for a Bicycle Accident Claim?
There is no cap for settlements in personal injury claims, and the amount you can receive depends greatly on the type of injuries you suffered and the skill of your Joliet bicycle accident lawyer.
The average personal injury settlement in Illinois is about $26,264, but our team has achieved far higher settlements for bike accidents. These include $3,500,000 for a teenager who suffered brain injuries after being hit by a car, and a $2,065,000 jury award for a woman hit by a pizza delivery driver.
What If the Driver at Fault Doesn’t Have Insurance?
In the case of bicycle accidents with an uninsured motorist, you may be able to file a claim with your own auto insurance if you have an insured vehicle, according to Section 143(a) of the Illinois Insurance Code.
Another option is to sue the motorist directly for damages. A personal injury attorney from Rosenfeld Injury Lawyers will explore all avenues to get you the compensation you deserve, whether that is from your own insurance or from the at-fault driver.
How to Prove Negligence in a Joliet Bicycle Accident Lawsuit
There are four factors to establish negligence in an Illinois accident, which include duty of care, breach of duty, causation, and damages. These are defined as:
- Duty of Care – The other party had an obligation to keep you safe, such as avoiding intoxicated driving and paying attention.
- Breach of Care – Their actions breached this duty of care.
- Causation – Your injuries were a direct result of this breach of care.
- Damages – You suffered financial losses due to the accident.
We will use a variety of evidence to prove negligence, including surveillance footage, medical and police reports, and the testimony of experts like accident reconstructionists.
What to Do After a Bicycle Accident
It’s crucial to act quickly in order to ensure you are safe and your legal rights are protected. After an accident, follow these steps:
- Call the police
- Stay at the accident scene until police arrive
- Gather the names of all involved
- Receive medical attention
- Document your injuries and the damages to your personal property
- Don’t speak to third parties without an attorney
Are Joliet Bicycle Accident Lawyers Expensive?
As we work on a contingency fee basis, an injured cyclist doesn’t pay out-of-pocket for our services. We will deduct our legal fees from your settlement, assuring you peace of mind and less stress throughout the process.
Consult With an Experienced Joliet Bicycle Accident Attorney
Northern Illinois cyclists deserve to feel safe in the streets. If you’ve been in an accident, you need the help of an accomplished personal injury lawyer who will fight for your rights. Call us at (888) 424-5757 or contact us online for a free consultation today.
Resources: [1] AllTrails, [2] Patch, [3] Illinois Department of Transportation, [4] Illinois Secretary of State, [5] We Love Cycling, [6] National Safety Council