The aftermath of a bicycle accident could leave riders seriously injured and confused. They may not understand their rights under Illinois law or what they must do to pursue a claim. Insurance companies may attempt to take advantage of this hesitation and might offer plaintiffs token sums to end their cases.
A Lake County bicycle accident lawyer could work to defend your rights against insurance companies. After fully investigating the accident and understanding the full impact of the incident on your life, a tenacious personal injury attorney could demand the appropriate compensation needed to make you whole again.
Proving Negligence in an Accident Case
Most collisions between bike riders and drivers of other vehicles are accidents. While the defendant may have been operating their car in a reckless or careless way, they may not have intended to cause any harm to the plaintiff. The law says that even if no criminal liability is applicable to the incident, the injured person still could have the right to demand compensation for their losses.
Plaintiffs typically file lawsuits using the legal cause of action known as negligence. This concept may specifically apply when an individual is injured in an accident. To prevail in a negligence case, a plaintiff must prove all three portions of a negligence claim, which are as follows:
- Duty – the idea that the defendant had a legal obligation to protect the plaintiff
- Breach – actions taken by the defendant violated the duty
- Causation – proof that the breach of the duty of care resulted in a physical injury
Duty of the Defendant to Protect the Injured Party
In bicycle accident cases, there may always be a duty that the defendant must protect the injured party since drivers may assume this duty whenever they travel on any public road. The element of causation is also typically present in a claim. There may be no dispute that the accident caused the injury in the case.
Since injuries in a bicycle accident may be more drastic than that of a car crash, the injuries of a bike accident may be more severe.
Where most cases meet resistance is in proving that the defendant failed in their duty to protect the bike rider. To prove this portion of the case, plaintiffs should examine the impartial police report, talk to witnesses who saw the collision happen, and potentially work with experts to recreate the accident. A Lake County lawyer could help bicycle accident plaintiffs gather this vital evidence.
How a Defendant may Refute Allegations
While the plaintiff in any personal injury case has the burden of proof, the defendant may also introduce evidence that refutes this claim. A defendant could claim that the bike rider violated the rules of the road and made a collision inevitable. If a bicyclist fails to yield, ignores a stop sign, or is talking on the phone while riding, this may allow a jury to place blame on them for the accident.
Pursuing the claim on time may be crucial for plaintiffs since Illinois law strictly controls when a court will hear a civil case based on personal injury. 735 ILCS 5/13-202 dictates that plaintiffs have only two years to come forward. Defendants may try to take advantage of this rule by drawing out settlement negotiations or demanding mountains of paperwork, which underscores the potential importance of working with a bicycle accident lawyer in Lake County to prevent this from occurring if possible.
Getting in Touch with a Lake County Bicycle Accident Attorney
Bicycle accidents can leave bike riders severely injured and unable to earn a living. However, if that accident was caused by another motorist’s negligence, that motorist may be held responsible for compensating the injured bicyclist.
Insurance companies will never sacrifice their profits to make you feel better. Their bottom line is determined by denying claims whenever possible or settling claims for a fraction of their value. A seasoned Lake County bicycle accident lawyer should understand these tactics and could fight to counter them for you and seek payments for medical bills, lost earnings, and mental anguish on your behalf. Call today to let one get to work for you.
