Bicycle Accident Lawyer Champaign, Il

With a Champaign bicycle accident lawyer in IL, biking accident victims have a better chance of receiving fair compensation for their injuries. Insurance claims can be complicated for personal injury cases, especially when bicycles are involved.

An experienced bicycle accident attorney from our firm will fight hard for fair compensation and protect your legal rights throughout the process. Contact us today for a free consultation about your case.

Recent Champaign Bike Accident Settlements

• $1,000,000: Dooring accident settlement for a woman hit by a car door.
• $605,000: Settlement for a 72-year-old struck by a commercial truck.
• $510,000: Policy limit settlement for a cyclist who suffered facial injuries and a traumatic brain injury.

Cycling Risks and Legal Help in Champaign IL

The Champaign-Urbana area is very popular with cyclists due to the University of Illinois Urbana-Champaign campus. Over 35,000 undergraduates and 20,000 graduate students study here, making it one of the largest public universities in the United States. The campus is also very bikeable and can accommodate up to 11,635 bicycles on its many bike racks.

However, severe injuries and even death can still occur in this Central Illinois metropolitan area. High-traffic intersections like Prospect Avenue and Bloomington Road are notorious for crashes, while some areas have limited bicycle infrastructure. Distracted driving is also a common risk both in Champaign-Urbana and throughout the United States.

If you’ve been in an accident, a Champaign bicycle accident attorney can help you recover compensation for medical expenses, lost income, and pain and suffering. We provide free consultations and work on a contingency fee basis.

How Common Are Bicycle Accidents in Champaign?

While bike crashes are a small percentage of total accidents, they have a high rate of severe injuries. Bicycle fatalities make up 2.6% of all vehicular fatalities, and these numbers have increased by 53% in the last 10 years.

In 2023, 405,688 bicycle accidents resulted in emergency department-treated injuries nationwide. In contrast, between 2019 and 2020, motor vehicle drivers and passengers made an average of 3.8 million annual emergency room visits.

The Illinois Department of Transportation received 28 bicycle accident reports from Champaign in 2023, and 27 of these resulted in injuries. However, it is important to note that bicycle crashes are typically underreported, even when individuals suffer serious injuries.

Champaign has unique risks due to the University of Illinois campus and its high percentage of bicycle riders. Due to the high traffic volume, areas like Green Street and Neil Street see bike and car accidents. The city does have some bike-friendly routes, but these are not enough to protect cyclists.

Investigate Midwest released a study in 2019 showing that the two most dangerous intersections were Prospect Avenue and Bloomington Road, and Lincoln Avenue and University Avenue.

Bicycle Laws in Champaign & Illinois

Per §33-16, Champaign has adopted the Illinois Vehicle Code (§625 ILCS 5/) as its standard. According to Illinois law, bicyclists have the same rights and responsibilities as motorists (§625 ILCS 5/11-1502). These include yielding to pedestrians, giving right-of-way when turning, remaining visible at night, and signaling their intent to turn.

The Champaign Municipal Code includes a few additional provisions, such as:

• Bicyclists must stay to the right except when turning and must exercise caution when passing other vehicles (§33-31(a)).
• Bicyclists should use the bike lane whenever it is available (§33-31(c)).
• Bicycles can be ridden on the sidewalk anywhere but in the business district (§33-31(d)).

Helmets are not required in Illinois but they are strongly encouraged so as to prevent serious head injuries.

Illinois uses modified comparative negligence (§735 ILCS 5/2-1116). This means if you were less than 50% responsible for the accident, you can recover compensation, but your settlement will be reduced by your percentage of blame. You need a bike accident attorney to help ensure you’re not assigned more blame than is warranted.

Statute of Limitations for Bicycle Accident Claims in Champaign

In general, a personal injury claim must be filed within two years of the accident (§735 ILCS 5/13-202). You have five years to file a property damage claim (§735 ILCS 5/13-205).

If the victim is a minor, the statute of limitations may be paused until they turn 18, in which case they have two years to file. A parent can also file a lawsuit on behalf of their child, and they will then have the same two-year statute of limitations.

For temporary disabilities, such as if the victim was placed in a coma and cannot represent themselves, the deadline is tolled until they recover.

There are different deadlines if you choose to sue a government agency, such as the Illinois Department of Transportation, the City of Champaign, or the Public Works Department.

The Tort Immunity Act (§745 ILCS 10/1-101) protects government agencies and employees from lawsuits. It provides only one year to file a lawsuit, and you may have to signal your intent to sue sooner than this.

However, depending on the specific accident, this timeline is sometimes extended, as in Brooks v. Illinois Central Railroad Company. In this case, the courts awarded the city more time to countersue. If you want to bring a suit against the city, contact a Champaign bicycle accident lawyer immediately so we can prepare a case within the deadline.

Common Causes of Bicycle Accidents in Champaign

Each bicycle accident is slightly different, which is why it is essential to consult with personal injury attorneys who can help determine liability. Common causes of accidents include the following.

• Driver Negligence: Drivers may fail to yield, open car doors into bike lanes, or speed.
• Road Hazards: Potholes, debris, poor lighting, and lack of continuous bike lanes contribute to accidents.
• Pedestrian & Bicycle Path Accidents: These are common near campus bike routes, Hessel Park, and Boulware Trail.

Typical Injuries in Champaign Bicycle Accidents

In a bicycle accident, the cyclist does not have a lot of protective gear, so the resulting injuries can be very severe. Some common injuries in bike accidents include the following.

• Head Injuries: Cyclists may suffer concussions, skull fractures, and traumatic brain injuries.
• Fractures: Commonly broken bones include the arms, legs, collarbones, and wrists.
• Dislocations: Sprains and strains can require extensive physical therapy.
• Spinal Cord Injuries: Cyclists may be paralyzed after a crash or suffer from chronic back pain.
• Soft Tissue Injuries: These include road rash, muscle tears, and ligament damage.
• Internal Injuries: High-speed crashes, especially those with large commercial trucks, can cause internal bleeding and organ damage.

Liability in a Champaign Cyclist Injury Case

An experienced bicycle accident attorney will use all evidence available to determine who is responsible for the crash. Throughout the legal process, your personal injury lawyer will interview witnesses, review accident reports, subpoena surveillance footage, and speak to professionals.

Some common at-fault parties include the following.

• At-Fault Driver: The other party may have been texting while driving, speeding, or ignoring traffic signals.
• Municipalities: The city can be held accountable for inadequate cycling infrastructure or poorly maintained roads.
• Bicycle Manufacturers: You may have a product liability lawsuit if defective bicycle parts contributed to the crash.

Types of Compensation Available for Injured Cyclists in Champaign

Our team will negotiate with insurance companies to ensure that you receive full compensation. You can use our bicycle settlement calculator to estimate how much you may receive. However, many factors go into a final settlement, such as the amount of liability insurance available, your overall costs, and your future needs. Here are some of the potential damages you can receive.

Economic Damages

These cover the hard financial losses you incurred and include:

• Medical bills
• Lost wages
• Future lost income
• Property damage

Non-Economic Damages

Non-economic damages help to compensate you for the pain, inconvenience, and stress of an accident. They are determined through damage multipliers, which look at your medical records and overall suffering. Some non-economic damages include the following

• Physical pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Inconvenience
• Disfigurement

Wrongful Death Compensation

In addition to the damages mentioned above, surviving next of kin for a deceased bicyclist can also claim funeral and burial expenses, loss of financial support, loss of companionship, and grief.

If your case goes to trial, you may be eligible for punitive damages, though these are not guaranteed. Punitive damages are meant for cases where the negligent person or organization’s actions went above and beyond simple negligence, such as in bicycle crashes where the person specifically targeted the cyclist.

These are more common in cases related to drunk driving or distracted driving. They are awarded at the jury’s discretion, and the specific amount can vary significantly based on the case.

Steps to Take After a Bicycle Accident in Champaign, IL

You must act quickly after an accident to ensure that you can receive compensation. Follow these steps as soon as possible.

• Prioritize Safety: Get to the side of the road and assess your injuries.
• Call 911: Provide your exact location, such as Wright and Green Street. Ask for a police officer and an ambulance.
• Gather Information: Get contact details and insurance information for motorists involved. Ask for contact information for any eyewitnesses.
• Collect Evidence: Take photos and videos of the scene.
• Get Medical Attention: Visit a local hospital, like Carle Foundation Hospital, even if you don’t feel injured.
• Do Not Speak to Insurance Adjusters: Insurance companies will do anything to minimize liability, including using anything you say against you. Allow your Champaign bicycle accident attorney to handle all communications on your behalf.
• Contact a Personal Injury Lawyer: Contact us at any time for a free consultation about your case, and we can help you determine if you’re eligible for compensation.

Will My Bicycle Accident Case Go to Trial?

Most bike accidents are settled out of court, as the trial process is time-consuming and expensive. However, a trial may be necessary in certain conditions.

Insurance companies may deny liability and claim that you were to blame for the crash. In this case, we will go to court with your evidence, like police reports and medical treatment records, to demonstrate that the at-fault driver was responsible.

The insurance agency may also refuse to offer a fair settlement that covers all your medical costs and lost wages. We will then file a lawsuit and begin the mediation process. Lastly, if you have extensive injuries or the bicyclist passed away, a jury can help ensure that everything is included in your settlement.

Our attorneys prepare every case with the assumption that we will go to trial. This ensures we aggressively defend your rights and are fully prepared to file a lawsuit when necessary. We have a strong track record of success in civil trials, which is why insurance agencies fear our Champaign, IL, law firm.

Consult a Champaign Bicycle Accident Lawyer Near You!

We work on a contingency fee basis, meaning that you owe us nothing unless we secure compensation for you. With a 98% success rate, we have a strong record of securing millions of dollars for accident victims.

Schedule a free case evaluation with our Champaign personal injury lawyers by calling (888) 424-5757 or using our online contact form.

⭐⭐⭐⭐⭐

Absolutely excellent ,went above and beyond any of my expectation. I had gone to many attorneys wanting them to understand the devastation I had experienced through not working , through not having the ability to do the things I normally would be able to do, even with simple taking care of myself. Attorney Rosenfield went above and beyond, he made sure I was comfortable he allowed me to agree or disagree to anything that was said and above it all he WON!!!

– Tracy Williams

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.