Riding a bicycle has always come with a degree of risk – even more so when it’s on the streets.
Cyclists have the same rights as motorists on the road. But in the event of an accident, the injuries tend to be one-sided. Cyclists have very little physical protection, and many injuries are severe – leaving victims with medical bills, lost wages, and other financial burdens.
Illinois records thousands of bicycle accidents every year – with an average of 29 fatalities annually (according to the Illinois Department of Transportation).
It’s no secret that drivers are distracted these days. If you’ve been injured on your bike due to a motorist’s negligence, the law is on your side. In this post, the team at Midwest Injury Lawyers will explain what types of bike accident compensation are available to help you navigate the recovery process and receive the financial support you deserve. Let’s get into it.
Why Bike Accident Compensation Matters
The average bicycle accident settlement can vary greatly. Minor injuries can potentially be around $30,000, while more severe injuries can get into six figures.
Being involved in a bike accident can be a life-changing incident. Physical injuries are just part of the recovery process. The ripple effect commonly includes financial losses like medical costs, time away from work (lost wages), and emotional distress.
The process to pursue compensation starts at the scene. All too often, we see accident victims take a non-ideal approach. What we mean by this is they tend to downplay their injuries, initially. This is a common mistake. After getting hit on your bike, you may be in shock – and not feel your injuries right away.
Moreover, some injuries can take hours or days to become apparent. These commonly include spinal and brain injuries. If you deny seeking medical treatment until later, it may affect your ability to seek compensation in a subsequent claim.
Compensation can help cover ALL the expenses you face due to the injury and provide a path toward recovery. Without proper compensation, you may struggle to cover basic needs during your recovery period.
Here are the most important items to pursue in bike accident compensation claims.
Medical Expenses
We’re going to state the obvious here. One of the most important forms of compensation to cover is medical expenses. Bike accidents – even minor ones – can lead to injuries that require both immediate and long-term care, which may include surgeries, physical therapy, and rehabilitation.
What Bike Accident Compensation Covers
- Hospital bills
- Doctor visits
- Prescription medications
- Medical equipment (ex: crutches, braces, etc.)
- Future medical costs related to the injury
IMPORTANT: Keep detailed records of ALL medical treatments and related expenses. These will be core pieces of evidence in a bicycle accident injury claim.
Lost Wages
Substantial injuries often restrict bike accident victims’ ability to do their jobs. For example, if you work in a warehouse and break your arm, you probably cannot perform basic tasks – and may need a leave of absence.
In this situation, the bike accident compensation would need to account for your lost wages. In other words, this type of compensation covers the income you would have earned if you hadn’t been injured.
What it Includes:
- Wages
- Salary
- Bonuses
- Benefits you would have earned during your recovery time.
- Future income loss – if your injuries prevent you from returning to work in the same capacity.
Property Damage
Chances are, your bike took some damage in the accident. Fortunately, bike accident compensation accounts for this. You can seek compensation to repair or replace of your bicycle, helmet, and any other equipment damaged in the accident.
What it Covers
- Repair costs
- Replacement costs (if needed)
- Any other property that was damaged or broken in the accident.
IMPORTANT: Keep all receipts and estimates for repairs. This will be crucial as you file your claim.
Pain and Suffering
Now that we’ve covered the major economic damages covered in bike accident compensation, let’s get into the non-economic damages. Unlike the previous damages mentioned, non-economic damages do not have receipts, invoices, or estimates involved. They are purely subjective – but very important to cover in your claim.
In addition to financial losses, you can pursue compensation for the pain and suffering you’ve experienced due to your injuries. This covers the physical pain, emotional distress, and mental anguish caused by the accident.
What it Covers
- Physical discomfort
- Post-traumatic stress
- Anxiety
Pro Tip: Keep a journal documenting your pain, emotional struggles, and how the injury affects your daily life. These notes can be used in the accident claim.
Loss of Enjoyment of Life
This one ties into pain and suffering, but it’s worth mentioning. A severe bike accident can limit your ability to enjoy activities you once loved.
For example, if cycling was one of your passionate hobbies, an accident can significantly limit your ability to pursue it in the future – or it may have lost its appeal after the accident. Or, maybe the injury has compromised your ability to enjoy other hobbies, like golf, basketball, etc.
Whether it’s physical limitations or emotional barriers, this loss can be compensated for.
What it Covers
- Your new inability to participate in hobbies, sports, or other activities that brought joy before the accident.
Pro Tip: Document any significant lifestyle changes caused by the accident to help prove your loss of enjoyment.
Permanent Disability or Disfigurement
In some cases, a bike accident can lead to permanent injuries – like a severe spinal injury or brain injury – which negatively affects your quality of life. If you suffer from a permanent disability or disfigurement due to the accident, we highly recommend pursuing significant compensation.
What it covers
- Ongoing medical care
- Home modifications
- Assistive devices
- Any negative impacts on your daily life
IMPORTANT: Make sure your medical records clearly document the extent of your injuries and how they may affect your future.
Filing a Claim for Bike Accident Compensation
Seeking bike accident compensation starts by filing a claim – typically with the help of a skilled bicycle accident lawyer. In Illinois, the at-fault driver’s insurance company is typically responsible for covering your damages – assuming you have a skilled bicycle accident attorney managing your claim.
Here are the major steps to file a bike accident injury claim:
Seek Medical Attention
This is THE most important part of the process. When the authorities arrive on the scene after the accident, there will be a medical team. It’s absolutely crucial to get examined – even if your injuries seem minor. These medical records will play a key role in supporting your claim.
After the accident, make an appointment with a medical professional for a more in-depth examination.
Collect evidence
The next step (if you are able to) is to gather as much information from the accident scene as possible. This includes taking photos of your bike, the vehicle involved, road conditions, and any visible injuries. If there were witnesses, ask for their contact details.
According to the CDC, most bicycle accidents happen in urban areas. If yours occurred in a city, your accident may be captured on a surveillance camera – like at a stop light. Speak to the municipality to see if you can obtain the footage, or ask your personal injury lawyer to do so.
File a police report
Contact the police after the accident and make sure an official report is created. This report will document the details of the incident and can be crucial evidence in your claim.
Notify the at-fault driver’s insurance company
Contact the responsible party’s insurance company to report the accident. Keep in mind, you need to choose your words VERY carefully here. Insurance companies are obligated to minimize payouts by any means necessary – and they will do everything possible to use your words against you to reduce the insurance claim. Stick to the facts and avoid making any admissions of fault – or anything that implies fault.
Keep all documentation
Save copies of all your medical bills, repair estimates for your bike, and any communication with the insurance company. This documentation will help prove the financial impact of the accident.
Work with an attorney
A personal injury lawyer– with experience in bicycle accidents – will be monumental in helping you gather the necessary evidence, handle negotiations, and make sure that your claim is properly valued. They will guide you through the entire legal process and protect your best interests.
We recommend speaking with an attorney as soon as possible after the accident.
Negotiate a fair bicycle accident settlement
Insurance companies usually offer low bicycle accident settlements initially. Your attorney will manage the negotiation process to help you earn a fair amount that covers all your expenses, including medical bills, lost wages, and pain and suffering.
IMPORTANT: Do not agree to any settlement offers without consulting a personal injury attorney. Insurance companies may try to offer less than what you’re entitled to.
Comparative Negligence in Illinois
Illinois follows a comparative negligence rule.
This means you can still receive compensation even if you were partially at fault for the accident. However, your compensation may be reduced by the percentage of fault assigned to you.
For example, maybe you were riding slightly outside of the bike lane, but the driver was distracted on their phone. You may be found 20 percent at fault, in which case your compensation will be reduced by 20 percent.
The Next Step
Medical expenses, lost wages, pain and suffering, and other damages can add up quickly after a bicycle accident. As you begin the personal injury claims process, you need to understand what you are entitled to. Hopefully, this article provided some good insight on this.
Working with an experienced personal injury attorney makes all the difference in securing the full compensation you deserve. Whether your injuries sustained are minor or severe, don’t hesitate to explore your options for the maximum compensation and protect your rights.
At Midwest Injury Lawyers, we provide FREE consultations to victims of bike accidents. We’ll help you understand your situation, explain your options in seeking compensation, and guide you in maximizing your bicycle accident claim.
Schedule a meeting today.