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Amputation Injuries in Bicycle Accidents
A Chicago bicycle accident amputation lawyer can help if you or a loved one suffered limb loss in a serious bicycle crash. Although biking is an economical and healthy way to travel through Chicago, it can also be dangerous. Bikers can get into accidents involving motor vehicles, pedestrians, road hazards, and even other cyclists.
Sometimes, the most severe crashes result in serious injuries to the rider, especially if the collision involves a motor vehicle. These crashes can cause limb loss as well as traumatic brain injuries in bicycle crashes and other serious injuries If you suffered a traumatic or surgical amputation after a bicycle accident, our Chicago bike accident attorneys can help you pursue compensation for the losses caused by the crash. Our consultations are free, and we can discuss your potential claim and legal options.
Types of Amputation Injuries in Bicycle Accidents
A cycling accident could result in various types of amputations depending on the severity of the collision. In most cases, these injuries occur when cyclists are hit by motor vehicles at high speeds, but infections of seemingly minor wounds could also lead to surgical amputations.
Let’s look at the different types of amputations.
Traumatic Amputation
A traumatic amputation occurs when a body part is severed or completely separated by the forces of an accident. This occurs when the victim’s limb is severed at the scene of the accident. Their limb may have been crushed by a vehicle, or they could lose a finger when they land at high speeds. Often, this type of amputation is the most severe because the victim needs emergency medical attention to save their life.
Surgical Amputation
A surgical amputation is the intentional removal of a damaged limb or body part by a medical professional when the extremity cannot be adequately preserved. Surgical amputation is a procedure done because of significant damage to the cyclist’s extremities. For example, a completely crushed foot could require amputation because it cannot be saved through other medical means.
Upper Extremity Amputation
Upper extremities refer to your arms, hands, and fingers. Whether one of these parts is removed surgically or due to the forces of the collision, it is considered an upper extremity amputation.
Lower Extremity Amputation
An amputation involving your leg, foot, or toes is considered a lower extremity amputation. This type of damage will have a serious impact on your mobility, so it will only be employed if the damage to the extremity is too severe to fix.
Common levels of lower-extremity amputation include above-knee and below-knee amputations, while upper-extremity amputations may include transradial amputation involving the forearm.
Common Causes of Chicago Bicycle Accidents Resulting in Amputation
The trauma of an amputation injury can be devastating. Crush injuries under a turning truck or bus wheel can cause extensive damage to a cyclist’s limb. A cyclist who is dragged by a vehicle may suffer degloving injuries, while severe open fractures involving blood-vessel damage may sometimes lead to surgical amputation days after the crash. Driver negligence is one of the primary causes of catastrophic collisions involving bikers, especially since many don’t realize bikers and drivers follow the same rules of the road per municipal code 9-52-010. These incidents are more likely to occur along busy areas where many cyclists and vehicles ride in close proximity.
Milwaukee Avenue between Logan Square and the Downtown Loop is one of the most dangerous cycling routes. The intersection of this route with North and Damen is particularly risky. Other areas to be cautious include Halsted Street near West Loop, Lakeview Trail intersections, Clark Street between Andersonville and River North, and Western Avenue.
Large vehicles, such as trucks and buses, can also cause cycling accidents. Areas without bike lanes may experience more dooring accidents since cyclists have to ride on the streets next to parked vehicles.
These crash mechanisms can cause severe crushing, tearing, or vascular injuries that may result in immediate traumatic amputation or a later surgical amputation.
Establishing Liability in a Chicago Bike Accident Amputation Case
If you are hurt in a cycling accident caused by someone else’s negligence, you may have a legal path to compensation for damages suffered. You will need to prove that the at-fault party was liable for your accident.
To establish liability, you must prove the defendant had a duty of care, that they breached that duty, that their actions caused your suffering, and that you experienced legal damages.
A Chicago bicycle accident amputation lawyer can investigate the crash, identify potentially responsible parties, and gather medical and other evidence needed to establish the connection between the accident and the limb loss.
Several parties may be held liable for your amputation injury after a cycling accident.
Negligent Drivers
Motorists must follow traffic laws and safety precautions when bikers are nearby. If a driver is distracted, fails to check their blind spots, or makes a turn without considering a nearby cyclist, they could be held liable for the biker’s injury. Remember to always signal your intentions visually when riding in the city per code 9-52-045.
Employers of Drivers
A statute called vicarious liability allows some parties to be sued for the negligent actions of others they are affiliated with. For example, if a delivery driver causes a cycling accident and the victim is hurt, the driver’s employer may be held partially responsible.
Vehicle or Equipment Manufacturers
The maker of a bike or vehicle could be held responsible for an accident based on product liability. A faulty part or defect could lead to a cycling accident. In this case, the manufacturer of the defective product is somewhat responsible for the victim’s injury.
The City or Local Government
Local entities maintain roads, bike lanes, and trails. If you are injured in a cycling accident because of road hazards, the City of Chicago may be partially responsible for your injury.
When Limb Loss Is Caused by Delayed or Negligent Medical Care
A crushed or open-fractured limb may sometimes be salvageable, but complications can change the outcome. Missed compartment syndrome, delayed vascular repair, or an untreated infection may cause worsening tissue damage that eventually requires amputation. When a bicycle crash injury is followed by an amputation that may have resulted from delayed or negligent medical care, there may be a separate claim against a medical provider in addition to a claim against the driver. These cases may require review by appropriate medical experts to determine whether the additional injury was caused by a departure from the applicable standard of care.
Steps to Take After a Cycling Accident Resulting in Amputation
In all likelihood, an amputation injury from a cycling accident is very serious. Here are the steps you must follow to prioritize your health and prepare for a potential lawsuit for compensation.
First, prioritize medical care. Whether you need emergency treatment at the scene or a follow-up surgery, your health comes first. Ongoing care may also be necessary since an amputation will likely cause persistent pain and a need for rehabilitation.
Next, you should report the accident to the Chicago Police Department. This ensures an official accident report is created, which you can use as evidence in your claim.
Document the accident scene in as much detail as possible. Ask for contact information from witnesses. Take photos and videos of the scene, the damage to your bike, and your injuries. Also, preserve physical evidence, such as your bike, helmet, and clothing.
Keep detailed records of all your medical treatment, tests, expenses, and lost income. This evidence will play a key role in your lawsuit.
Finally, do not admit fault to anyone or discuss the accident before speaking to a lawyer. Consult an attorney as soon as possible to discuss your options.
Filing a Lawsuit for an Amputation Injury Sustained in a Chicago Bicycle Accident
A lawsuit can be a complicated process without legal assistance. The basic steps include investigating the cycling accident, gathering evidence, developing a life care plan for recovery, filing the lawsuit in court, discovery, settlement negotiations, and a potential trial.
An amputation claim may involve both economic and non-economic damages. Economic damages can address measurable financial losses, while non-economic damages may account for the physical and emotional effects of permanent limb loss.
How Much Is a Bicycle Accident Amputation Claim Worth?
A bicycle accident amputation claim is generally evaluated based on projected lifetime losses rather than only the medical bills incurred shortly after the crash. Major factors can include future medical treatment, prosthetic care, lost earning capacity, rehabilitation, and the effect of limb loss on daily activities. A life care plan can identify anticipated future medical and rehabilitation needs, while an economist can project certain future financial losses.
Potential components of an amputation injury settlement may include:
- Initial surgery, hospitalization, and follow-up medical treatment
- Revision surgeries and treatment for complications
- Prosthetic devices, replacement devices, maintenance, and fitting
- Physical and occupational therapy
- Treatment for phantom limb pain and other ongoing symptoms
- Mental health care related to the effects of limb loss
- Home and vehicle modifications
- Lost earning capacity and vocational retraining
- Personal care or assistance with daily activities
A life care plan is a detailed projection of the medical, rehabilitation, prosthetic, and related services a person may reasonably need over the course of their lifetime. An economist may then use those projected needs, along with other financial losses, to estimate future economic damages. Prosthetic coverage can vary by insurance policy, and some plans may impose limits or exclusions, making future prosthetic needs important when evaluating an injury claim.
For more information about how a Chicago bicycle accident claim works, review the legal process and evidence that may be involved in pursuing compensation.
Compensation You May Be Entitled to After a Cycling Accident Amputation
There are two primary categories of damages your lawyer could assess after a cycling accident injury: economic and non-economic. Economic losses may include medical expenses, future medical costs, lost wages, loss of earning capacity, and property damage. Non-economic damages may include emotional distress, mental anguish, pain and suffering, disfigurement, and loss of quality of life. For information about other serious bicycle accident claims and potential damages, review our fatal bicycle accident claims resources.
Statute of Limitations for Cycling Accident Amputation Claims in Illinois
Most bike accident injury claims follow Illinois’s two-year statute of limitations. 735 ILCS 5/13-202 generally requires you to file a personal injury action within two years after the cause of action accrued. Claims involving a local government entity or employee can be subject to a one-year limitation period under 745 ILCS 10/8-101, subject to statutory exceptions. Different rules may also apply in cases involving minors or other special circumstances.
Amputation Injury Claim FAQs
Can I still work after an amputation, and does that reduce my claim?
Damages may account for loss of earning capacity, not only wages actually lost. A vocational assessment may help establish the difference between your pre-injury and post-injury work capacity. Returning to some form of work does not necessarily eliminate a claim for lost earning capacity.
Who pays for prosthetic replacements over my lifetime?
Future medical damages may include reasonably necessary prosthetic replacements and related care, and a life care plan may support those future needs. Insurance coverage can vary, and some policies may limit prosthetic coverage or impose annual or lifetime limits, which can make the projected cost of future care important when evaluating a claim.
How long do I have to file an amputation claim in Illinois?
Most Illinois personal injury actions generally must be commenced within two years under 735 ILCS 5/13-202, while claims against local government entities or employees may be subject to a one-year limitation period under 745 ILCS 10/8-101, subject to exceptions. Different deadlines can apply in some circumstances, so it is important to evaluate the specific parties and facts involved. See our Illinois bicycle accident statute of limitations information for additional information.
Does it matter if the amputation happened weeks after the crash?
It can still be part of a bicycle accident injury claim if the amputation resulted from injuries sustained in the crash. Medical records documenting the treatment chain from the accident through the eventual surgical amputation can be important evidence connecting the procedure to the original injury.
Talk to a Chicago Bicycle Amputation Lawyer
A Chicago bicycle accident amputation lawyer can help investigate the circumstances surrounding your injury and evaluate the long-term losses associated with limb loss. Your life could be turned upside down because of someone else’s negligence in a cycling accident. An amputation injury, whether it occurred during the accident or afterward as a medical procedure, can alter your lifestyle significantly. You deserve a fair shot to earn compensation for your suffering.
Our Illinois bike accident attorneys are ready to support your cycling accident lawsuit and pursue compensation for medical expenses, rehabilitation, prosthetic care, lost income, and other damages supported by your claim. Whether you are facing steep hospital costs, a long rehabilitation process, or lost income, our team will help you understand your legal options and pursue the compensation available under Illinois law.
Contact us today to request your free consultation.
Legally Reviewed By
Attorney Jonathan Rosenfeld
Reviewed by Attorney Jonathan Rosenfeld The material on this page has been legally reviewed by Attorney Jonathan Rosenfeld of Rosenfeld Injury Lawyers LLC. Mr. Rosenfeld and his team have experience representing injured cyclists in bicycle accident cases in Chicago. With a focus on personal injury law, they help bicycle accident victims understand their legal options and pursue compensation for medical expenses, lost wages, and other damages resulting from their injuries.
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