joliet bicycle accident lawyers
A collision with an automobile is a possible hazard faced by all bicyclists. It is still a relatively rare occurrence. There are still plenty of ways a bicycle accident can occur. Many bicycle accidents in Illinois are solo accidents. They could involve a defect in the bicycle, road hazard or trail. A bicycle accident could occur because a bicycle rider makes a mistake based on poor judgment, weather conditions and more.
Illinois Bicycle Laws
The traffic laws in Illinois have the ultimate goal of preventing road accidents including harm to a bicycle rider. Illinois law provides significant protection for pedestrians and bicyclist because of the extent of the injury that can result from a vehicle crash. In these situations, bicyclists and pedestrians are extremely vulnerable. It is also important for a bicyclist to obey all the rules associated with riding on the road. Vehicle operators are expected to do whatever is necessary to avoid an accident with a pedestrian or bicycle rider.
Something that happens too often and results in a bicycle accident is something known as dooring. This is when a passenger or driver opens a vehicle door into the path of a moving bicyclist. This is something that could happen in a moment when the passenger or driver have not checked to see if a bicycle rider is approaching. These type of accidents often happen near a diagonal intersection. It is the law that an occupant of a vehicle is not permitted to open a door unless they are certain it is safe. The Illinois state law puts the burden for safety in this situation on a vehicle driver and their passengers.
Bicycle Liability Basics
Those who operate vehicles and bicyclists must both follow the rules of the road. These laws include meeting an expectation to exercise ordinary care for safety when on the road. Lawsuits involving bicycle riders in Illinois are governed by state law as well as the laws of local municipalities.
There may come a time when a bicycle rider wants to sue a vehicle operator to recover damages resulting from being in an accident. Obtaining a preferable decision will be based on two questions. It must be determined if negligence or recklessness from the vehicle’s driver was the cause for the accident. If this negligence or recklessness is the cause of the damages experienced by the bicycle rider. It must then be determined if a bicycle rider displayed negligent behavior that caused or contributed to the accident.
Driver negligence can happen in many different ways. It could involve everything from running a stop sign to speeding as well as drifting into a bike lane and more. Should the driver do these things with total disregard for the safety of others, they could be guilty of negligence. In order to prove this in a lawsuit, a bicycle rider will have to prove the defendant behaved in a way that breached the duty of care owed. It must be proven a vehicle breached the basic duty of care owed to all individuals on or near a road.
Bicycle Accident Injuries
There are various injuries a bicycle rider can experience in an accident. Some of them could be minor but others can be serious and some life-changing as well as fatal. It is possible for a bicycle rider to experience injuries to their neck, head, bones or limb as well as spinal cord and more. When a bicycle rider has experienced these type of injuries, they could have significant medical bills. Their injuries could result in them losing wages. It could also involve them receiving current and continuing medical treatment for injuries and more.
Once a bicycle rider has experienced an accident, they may have to deal with an insurance company. The goal of an insurance company will be to pay as little as possible to meet their policy obligations. Unless someone is experienced with these type of negotiations, the insurance company will take advantage of the situation. An experienced attorney will know how to negotiate the best possible result for the victim of a bicycle accident. Both an insurance company and bicycle rider do better if the expense of taking a lawsuit to court is avoided. This results in the majority of bicycle injury cases being settled out of court.
Bicycle riders in Illinois can be involved in accidents and obtain fair compensation. This is why the victim of a bicycle riding accident needs to speak with an experienced attorney as soon as possible after an accident. These are legal professionals who can accurately evaluate a case. They will know what is required for an injured bicyclist to get fair compensation for their losses and more.