In Schaumburg, Illinois, it is not uncommon to see bicyclists traversing the area in and around other traffic. Bicycle riders can get seriously injured if they are involved in traffic accidents with other motor vehicles. If you are injured in a bicycle accident, then you need the expertise of a Schaumburg bicycle accident lawyer on your side to strengthen your personal injury claim.
Rosenfeld Injury Lawyers will help you build a strong case to hold the at-fault party responsible and recover compensation for the damages you suffered, such as medical expenses or lost wages.Â
Common Causes of Bicycle Accidents
Bicycle safety laws are not perfect, and even if they provide great protection for bicyclists, drivers could still make mistakes or behave negligently and cause an accident. Some of the most common causes of bicycle accidents include the following:
- Distracted driving
- Drunk driving
- Obstructed bike lanes
- Failure to yield
- Failure to check blind spots
- Lack of bike paths
- Poor weather
- Dooring
- Bad road conditions
Types of Schaumburg Bicycle Accidents We Handle
A bicycle rider is more exposed to injury than a negligent driver in an enclosed vehicle. Therefore, injuries to the bike rider tend to be more severe. Common injuries in cases handled by our Schaumburg bicycle accident lawyers include:
- Head injuries
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Road rash
- Fractures
- Psychological trauma
- Soft tissue injuries
- Dislocations
- Facial injuries
- Internal damage
What to Do After a Bicycle Accident
The actions you take in the immediate aftermath of a bicycle accident will have a huge impact on the success of your claim. Be sure to follow these steps so you can prioritize health and then your financial future:
- Call 911 – Contact first responders right away to get them on the scene for an investigation and to seek medical attention immediately.
- Seek medical attention – Your first priority is your health, so make sure you get immediate medical attention from medical personnel to be treated for any severe injuries.
- Collect information – Gathering evidence of the accident scene will be crucial in your negligence claim, so seek out insurance company information, gather eyewitness accounts, take pictures of the scene, and get a copy of any police reports.
- Call a lawyer – An experienced bicycle accident lawyer will know how to give you the best chance of winning your case, so contact our office for a free case evaluation.
How Our Schaumburg Bicycle Accident Attorneys Can Help
Though you can pursue a personal injury claim on your own, it makes far more sense to partner with a trusted bicycle accident lawyer, for several reasons. First, we can investigate your claim fully to determine its viability under Illinois law. Next, we will start gathering evidence to support your claim.
From there, your Schaumburg bicycle accident attorney can assess your property damage and personal injuries, come up with a settlement amount, negotiate with the insurance company, and even represent you in court if necessary. We uphold attorney-client relationships with integrity and will never share your confidential or sensitive information beyond where it is necessary.
Who Can Be Liable for Bicycle Accidents in Schaumburg, IL?
Liability is the legal doctrine that must be present to win a claim for personal injury. When someone else’s negligence, either through action or inaction, causes injury to the victim, they are liable for that person’s legal damages. Several parties may be liable in a bicycle accident in Schaumburg, IL.
Other Motorized Vehicle Drivers
Most bicycle collisions happen because of the actions of a negligent driver. The at-fault driver could be in a passenger vehicle, a truck, a delivery vehicle, or another motorized vehicle. A Schaumburg car accident attorney can assess your claim if you are hit by a car and experience a personal injury.
Product Manufacturer
Manufacturers that make parts for cars and bicycles could also be liable in a personal injury accident. If the part they made for that vehicle was faulty or poorly installed, a malfunction could cause the driver or bicycle rider to lose control and get injured.
You could be the victim of manufacturer negligence if a bike part malfunctions or a car part is faulty and causes the vehicle to hit you.
Employers or Rideshare Companies
If you get hit by a company car or rideshare driver, then the employer of that driver could be held liable. For example, poor training practices could be in place for drivers, which would make the company responsible for the accident that caused your severe injuries.
Bicycle Laws in Schaumburg, Illinois
There are over 90 miles of bike paths, lanes, and routes in the village of Schaumburg [1]. This makes the village—and the surrounding Cook County area—a very bike-friendly community, but bicycle riders must be aware of the laws regarding bicycle safety.
If riding on a street without a designated lane, bicycle riders must ride in the same direction as traffic and stay as far to the right as possible. You should also ride at a safe distance from parked vehicles to avoid dooring incidents.
In general, riding on sidewalks is prohibited, but where it is allowed, you must yield to pedestrians and obey all signs and signals. If a bike lane is present, you must use it rather than the other motor vehicle lanes. When riding on the street, a bicyclist should act as a normal vehicle.
How to Prove Negligence
A Schaumburg bicycle accident caused by distracted drivers or other types of negligence requires evidence for the victim’s claim to be successful. This evidence must show the at-fault party is responsible for the injuries suffered. These four elements must be established:
- Duty of care – The defendant had a level of responsibility to follow traffic laws and prevent the accident that caused the ensuing injuries;
- Breach – The defendant’s actions breached that duty of care;
- Causation – There is a direct relationship between the defendant’s actions and the accident suffered;
- Damages – There are legal damages as a result of the crash that can be assessed and compensated.
Modified Comparative Negligence
Illinois is a comparative negligence state. That means personal injury claims are only viable if the victim is less than 50% responsible for the incident. If that is the case, their percentage of fault will also impact the maximum financial compensation they are eligible for.
For example, if you are determined to be 30% responsible for the collision, your settlement can be reduced by a similar rate.
Types of Damages You Can Recover in a Bicycle Injury Case
There are three main categories of damages; economic, non-economic, and punitive. Your Schaumburg bicycle accident lawyer will help you assess the damages in your case to determine what you are eligible for.
Punitive damages are only awarded in cases where the defendant behaved with particular malice or intent. Potential damages outside of the punitive category our bicycle accident lawyers can help you recover include the following:
Economic
- Current medical expenses
- Future medical expenses
- Lost income
- Property damage
- Funeral costs
- Burial fees
Non-economic
- Emotional suffering
- Physical pain
- Disfigurement and broken bones
- Loss of financial support
- Loss of enjoyment of life
- Loss of companionship
Statute of Limitations for Bicycle Accidents in Schaumburg, Illinois
States differ on how much time you have to file a claim after suffering personal injuries. In Illinois, the statute of limitations is generally two years from the incident. If you wait any longer, it may be legally impossible to seek fair compensation. Some exceptions apply that can push back that timeline, such as if the defendant leaves the state or is unresponsive.
Contact a Schaumburg Bicycle Accident Attorney Today!
You have a better chance of winning compensation if you partner with the bicycle accident attorneys from Rosenfeld Injury Lawyers. Our team has plenty of experience helping claimants collect evidence, negotiate with insurance companies, and earn compensation for their damages. Whether your accident was caused by careless motorists, poorly maintained roads, or a product malfunction, we can represent your interests throughout the claims process.Â
Call our office today at 888-424-5757 or fill out the contact form to book a free consultation with a bicycle accident attorney serving Schaumburg, IL. We will ensure you get the financial reassurance you need after suffering life-changing personal injuries and mounting medical bills.
Resources: [1] Village of Schaumburg – Bicycles