You ride your bicycle safely. Regardless, you have no control over how a motorist operates their vehicle. If a driver slams into you while you are traveling on your bike, hold them accountable for their actions.
Meet with a bike accident lawyer in Arlington Heights. From here, your attorney can pursue compensation on your behalf as part of an insurance claim or a lawsuit.
Therman Law has over 75 years of combined experience. Our team will apply our legal knowledge to your bike accident case. Trust us to put you in a great position to obtain compensation from anyone at fault for your cycling accident. To learn more, schedule a free case consultation with an Arlington Heights personal injury lawyer from our team.
Why You Should Hire a Lawyer if You Are Involved in a Bicycle Accident Caused by Someone Else
Our bike accident attorneys in Arlington Heights want you to understand what the legal process entails. If you have concerns or questions, you can share these with your attorney. This will help you get the insights you need to decide whether to submit a bike accident claim or lawsuit.
If you file a claim, your lawyer can handle your insurance settlement negotiations. Unfortunately, these negotiations offer no guarantees. Your attorney will keep you updated as they go back and forth with a liable party’s insurance company in the hopes of settling. If no agreement is made, your attorney can proceed with a lawsuit.
The team at Therman Law has a track record of success in bike crash cases and many others. We have recovered over $100 million for our clients. For more information, request a free case consultation with us.
When to File a Bike Accident Claim in Arlington Heights
The Illinois Compiled Statutes (ILCS) restrict the time frame you have for filing a bike accident claim. Per 735 ILCS 5/13-202, you may have two years from the day of your cycling accident to submit a claim for compensation from any responsible parties. If the statute of limitations for your claim elapses, you may be liable for all of your cycling accident losses.
Your Arlington Heights bike accident lawyer can describe how to successfully prepare your personal injury claim. Once your claim is filed, your attorney may advise you to continue to treat your injuries. As you do, your attorney can help you get compensation through the claims process.
A claim may be a viable option to resolve your bike accident case promptly. Yet, as the claims process moves forward, your lawyer may get your case ready for trial. That way, if your case goes in front of a judge or jury, they will be well-equipped to prove to a judge or jury that damages are warranted.
How Much a Bike Accident Lawsuit Is Worth
Let a bicycle accident lawyer who has received dozens of positive client testimonials help you with your case. Your attorney can calculate your bike accident losses. They want you to get damages for many reasons, such as:
- Pain and suffering
- Medical bills
- Lost wages
- Loss of enjoyment of life
Your attorney may use accident scene photos and videos, witness statements, and other proof to show a judge or jury that you deserve these and other damages. If your lawyer’s argument is successful, a judge or jury may find the defendant acted negligently and rule in your favor.
How to Prove Someone Is at Fault for a Bike Accident
To receive damages from anyone liable for your cycling accident, it is not enough to say that the responsible party is to blame for the incident. Your lawyer may argue to a judge or jury that a party was negligent and should have to compensate you. They want the court to see that these elements of negligence were present at the time of your accident:
Duty of Care
A motorist, bike manufacturer, or other parties involved in your bike accident case may have a duty of care, which is a legal obligation to avoid careless or reckless acts.
For example, a driver must comply with the rules of the road. If this motorist decides not to do so, they can get into an accident with a cyclist and be held responsible for the incident.
Breach of Duty of Care
When a party commits an act that puts others at risk, they have violated their duty of care. In your case, your lawyer can highlight how a liable party committed an act that most people would classify as dangerous, which led to your cycling accident.
Causation
Your attorney can provide the court with a timeline of the events of your bike crash. This timeline may make it clear to the court that an at-fault party was careless or reckless and, as a result, caused your accident.
Damages
You may be coping with quantifiable and subjective losses due to your bike accident. Ultimately, the party responsible for these losses may have to compensate you for them. Your attorney can detail your damages to the court. This could compel the court to award full or partial damages.
According to 735 ILCS 5/2-1116, Illinois has a modified comparative negligence rule. If you are 1-50% liable for your cycling accident, what you get in damages can be reduced by your percentage of fault. Alternatively, if the court finds you are over 50% liable for their bike accident, you may not be able to recover damages.
Get Quick Responses and Big Results from Our Personal Injury Law Firm
If you are on the lookout for an Arlington Heights bike accident attorney, check out what Therman Law offers. Our team goes the extra mile to assist bicycle accident victims and their families.
If you are thinking about filing a claim or lawsuit or want to submit one, we are here to assist you. Contact us today to get started.
