Bicycle Accident Settlements

Chicago bicycle accidents are a crucial way for injured cyclists to get help with their medical expenses and lost income.

According to the Illinois Department of Transportation, there were 1,440 bicycle accidents in Chicago in 2023. However, this number represents the number of crashes reported to police, meaning that thousands of other bike accidents may have gone unreported.

Bike crashes can lead to severe injuries that require extensive medical treatment, which the at-fault driver should pay. By working with an experienced Chicago bicycle accident lawyer, you can seek compensation for medical expenses, lost wages, and any other damages arising from your bicycle accident.

Bike Accident Settlements Recovered by Our Law Firm

$2,250,000 – A commuter sustained a head injury while struck on her way to work. Her uninsured motorist insurance covered this bicycle accident claim.

$1,000,000 – A 26-year-old woman suffered a torn rotator cuff when a driver opened his door into her travel path. This was in direct violation of statute § 5/11-1407, which requires drivers to ensure that opening the door will not interfere with the movement of other traffic.

$499,000 – A bike messenger was struck by a vehicle exiting a parking garage. Our experienced lawyers proved that the driver did not know it was a two-way street and received damages that were almost at insurance policy limits.

Why Settlements Are Common in Bicycle Accident Cases

Bicycle accident settlements are preferred over personal injury lawsuits because they are less expensive and can be settled faster. With a settlement, the injured cyclist can recover damages even if they were partly at fault, and they have more control over the process.

With a court settlement for a bicycle accident, the injured party will not receive any damages if the jury decides against them. This means that the person would be responsible for all their medical expenses.

The legal process is long, and while there may be a higher settlement value, there will also be higher legal fees. Comparative negligence laws also mean that their final settlement may be less if the jury determines they are more at fault.

It is crucial to work with an experienced attorney for all personal injury claims, including bicycle accidents. Your bicycle accident lawyer can help you decide whether you should settle with the other party’s insurance company out of court.

Factors That Influence the Value of a Bicycle Accident Settlement

There is no average settlement for a bike accident. How much compensation you may receive depends on the specifics of your case, including the bicycle accident injuries sustained and the medical costs incurred. A personal injury attorney will evaluate your case and create a fair demand offer that covers all your needs.

Severity of Injuries

If you suffered injuries that significantly impact your ability to live a normal life, like a spinal cord injury or traumatic brain injury, you can recover additional compensation to cover things like rehabilitation costs and future lost wages.

Those with minor injuries, like soft tissue injuries, will receive less because their medical bills are not as expensive.

Medical Expenses

The total cost of your medical treatment affects your settlement value. This includes emergency room visits, physical therapy, medications, or long-term care. The injury severity, as well as the long-term prognosis, impacts what kinds of interventions you need both now and in the future.

It’s important to have proper documentation for your medical costs and injuries, as these will be used to determine how much you should receive. Your medical records and expert testimony from medical professionals will also help your legal representation determine what future needs you may have, which can then be used to craft a demand letter.

Lost Wages and Loss of Earning Capacity

Your lost income while recuperating from the bicycle accident will be included in your insurance claim. If you had to spend several weeks or months off work, you could receive more compensation. U.S. Code § 239d states that lost compensation is calculated at 66⅔ percent of the relevant pay period. You may also receive compensation for loss of income due to disability.

Pain and Suffering

Physical pain and suffering, emotional distress, and mental anguish are more difficult to quantify, which is why having an experienced legal professional to advocate for you is so important. These non-economic damages consider things like changes to your life due to the accident, the pain from your injuries, and depression or anxiety.

Property Damage

Insurance companies should reimburse you for replacement costs, such as repairing or replacing your bicycle. Just like with motor vehicles, estimators will consider things like the bike’s age, its original cost, depreciation, and any other personal property you may have had on your bike, like special handlebars or accessories.

Liability and Fault: How Clear is the Evidence?

According to Illinois statute 735 ILCS 5/2-1116, personal injury claims are evaluated based on modified comparative negligence, meaning that everyone is assigned a level of blame. This is different from contributory negligence, where you cannot sue if you were at all to blame.

You can still recover damages if you are less than 50% responsible. The strength of the evidence and how much you were at fault will significantly impact your settlement value. This can be determined by things like photos of the accident scene, police reports, and whether you sought timely medical treatment.

However, local laws can determine who is at the at-fault party. In the Illinois Supreme Court case Alave vs. City of Chicago, it was determined that the city is not responsible for injuries or property damage for a cyclist who was injured in the North Side due to a pothole.

Available Insurance Coverage

Your settlement for a bicycle accident will be determined by how much insurance coverage is available. If an uninsured driver hits you and you don’t have uninsured motorist coverage yourself, it may be challenging to receive compensation.

The Settlement Negotiation Process

During your free consultation with our team, we will get the facts of the case and begin gathering evidence, like medical bills, police reports, and photos. This helps us determine what an appropriate settlement amount would be.

Your bicycle accident lawyer will then send a demand letter to the insurance company that explains what we expect. They will return with a counteroffer, and the process will continue until a fair settlement amount is reached. If the insurance company refuses to offer a fair sum, we may enter mediation, where a third party works to bring everyone to an agreement.

What if a Settlement Cannot Be Reached?

If a settlement can’t be reached, then your attorney will file a lawsuit. The litigation process includes discovery, where everyone shares the information they’ve gathered. There may be motions, such as motions for more time to prepare for the trial or motions compelling the other party to share information.

In many cases, the insurance company will agree to settle during litigation in order to avoid the trial. However, if this does not occur, the court will gather a jury, who will listen to both sides’ arguments and review the evidence. If they rule in your favor, you may receive economic and non-economic damages like pain and suffering or emotional distress.

You may also receive punitive damages, which are only awarded by courts. This is when the defendant’s actions were considered especially egregious and beyond normal negligence.

The Terms of a Settlement Agreement

A settlement will typically involve terms that prevent you from asking for more money or publicly sharing the exact settlement amount. You will also have to decide how you will be paid, such as whether you want a lump sum or a structured settlement.

If you have Medicare or Medicaid and used this for medical treatment, you may have a lien on your settlement that requires you to pay back these programs. Lastly, subrogation may reduce how much you receive. This is when the insurance company demands repayment from a third party.

Average Bicycle Accident Settlement Amounts in Chicago

In general, a bicycle accident claim can recover compensation between $10,000 and $100,000. However, every accident is different. Average bicycle accident settlement numbers do not mean that you’re guaranteed a certain amount of money for personal injury claims.

Factors that influence settlement amounts include the types and severity of injuries, medical bills, lost wages, pain and suffering, and who was at fault. Use our settlement calculator to see how much you may be able to receive.

Why You Need an Experienced Chicago Bicycle Accident Attorney

Lawyers can guide you through the legal process while protecting your rights. Our skilled negotiators work on securing favorable settlements in bicycle accident cases, ensuring you can recuperate in comfort. Our nationally recognized firm has recovered millions in damages for injured cyclists.

If you’ve been in a bike crash, contact us today for a free legal consultation about your rights.